12-20-2011 City Council Regular Meeting PacketCity of Grand Island
Tuesday, December 20, 2011
Council Session Packet
City Council:Mayor:
Jay Vavricek
City Administrator:
Mary Lou Brown
City Clerk:
RaNae Edwards
T
u
7:00:00 PM
Council Chambers - City Hall
100 East First Street
Larry Carney
Linna Dee Donaldson
Scott Dugan
Randy Gard
John Gericke
Peg Gilbert
Chuck Haase
Mitchell Nickerson
Bob Niemann
Kirk Ramsey
Call to OrderCity of Grand Island City Council
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda
Items form located at the Information Booth. If the issue can be handled administratively without Council action,
notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak.
Please come forward, state your name and address, and the Agenda topic on which you will be speaking.
MAYOR COMMUNICATION
This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community.
Call to Order
Pledge of Allegiance
Roll Call
Invocation - Pastor Bill Rowland, Beacon of Hope Church, 2525 West State Street
This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act
in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state
law.
The City Council may vote to go into Closed Session on any agenda item as allowed by state law.
City of Grand Island City Council
Item D1
#2011-BE-7 - Consideration of Determining Benefits for Sanitary
Sewer District No. 526; Lot 3, Grand Island Plaza Subdivision
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: John Collins, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Terry Brown, Manager of Engineering Services
Meeting: December 20, 2011
Subject: Consideration of Determining Benefits for Sanitary
Sewer District 526; Lot 3 of Grand Island Plaza
Subdivision
Item #’s: D-1 & F-3
Presenter(s): John Collins, Public Works Director
Background
The Certificate of Final Completion for Sanitary Sewer District No. 526 was approved on
November 8, 2011 with December 20, 2011 set as the date for Council to sit as the Board
of Equalization. All work has been completed and special assessments have been
calculated for the District.
Discussion
Sanitary Sewer District No. 526 was created by City Council on September 8, 2008 to
serve the Gordman property, at the property owner’s request, in connection with the
Capital Avenue Widening Project. Work on the project was completed at a construction
price of $33,440.60. Total cost of the project is $37,589.23. Costs for the project break
down as follows:
Original Bid $22,772.80
Overruns $ 877.80
Change Order No. 3 (50%) $ 9,790.00
SUBTOTAL (Construction Price) $33,440.60
Preliminary Engineering Costs $ 1,600.00
Construction Engineering Costs $ 2,548.63
TOTAL COST $37,589.23
The final assessment for Lot 3 of Grand Island Plaza Subdivision is $27,799.23, as the
following items were necessary for the Capital Avenue Widening Project (Street
Improvement District No. 1256) and should not be assessed as part of this Sanitary Sewer
District.
· St. Ptrick Intersection Shoo-fly @ $900.00
· 2" Asphaltic Concrete Pavement @ $7,877.50
· Concrete Protection Barrier @ $1,012.50
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
Public Works Administration recommends that the Council sit as the Board of
Equalization to determine benefits and pass an Ordinance to levy Special Assessments to
individual properties.
Sample Motion
(Sample Motion for the Board of Equalization)
Move to approve the resolution determining benefits for Sanitary Sewer Districts 526.
(Sample Motion for the Ordinance)
Move to approve the Ordinance levying the assessments for Sanitary Sewer Districts 526.
Approved as to Form ¤ ___________
December 15, 2011 ¤ City Attorney
R E S O L U T I O N 2011-BE-7
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA, sitting as a Board of Equalization for Sanitary Sewer District No. 526, after due
notice having been given thereof, that we find and adjudge:
That the benefits accruing to the real estate in such district no. 526 to be the total sum of
$27,799.23; and
Such benefits are equal and uniform; and
According to the equivalent frontage of the respective lots, tracts, and real estate within such
Sanitary Sewer District No. 526, such benefits are the sums set opposite the several descriptions as follows:
Name Description Assessment
Sanitary Sewer District No. 523
Gordman Grand Island, LLC Lot 3, Grand Island Plaza Subdivision $27,799.23
TOTAL $27,799.23
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 20, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item D2
#2011-BE-8 - Consideration of Determining Benefits for Street
Improvement District No. 1256; Capital Avenue from the Moores
Creek Drain to Webb Road
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: John Collins, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Terry Brown, Manager of Engineering Services
Meeting: December 20, 2011
Subject: Consideration of Determining Benefits for Street
Improvement District No. 1256; Capital Avenue from the
Moores Creek Drain to Webb Road
Item #’s: D-2 & F-4
Presenter(s): John Collins, Public Works Director
Background
The Certificate of Final Completion for Street Improvement District No. 1256 was
approved on November 8, 2011 with December 20, 2011 set as the date for Council to sit
as the Board of Equalization. All work has been completed and special assessments have
been calculated for the Districts.
Discussion
The contract for Street Improvement District No. 1256 was awarded to The Diamond
Engineering Company of Grand Island, Nebraska on May 13, 2008. The project was
completed on schedule at a construction price of $3,946,457.35. Total cost of the project
is $4,684,331.83. Costs for the project break down as follows:
Original Bid $3,379,328.25
Underruns -$517.39
Change Order No. 1 $351,219.24
Change Order No. 2 $32,077.94
Change Order No. 3 $141,330.31
Change Order No. 4 $43,019.00
SubTotal (Construction Price)$3,946,457.35
Additional Costs:
Preliminary Engineering $278,937.48
Construction Engineering $458,937.00
TOTAL COST $4,684,331.83
The final assessment for each lot is listed in both the Resolution and Ordinance for this
item. The assessments were adjusted from the original amounts due to Federal Funding
involved.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council sit as the Board of Equalization to
determine benefits and pass an Ordinance to levy Special Assessments to individual
properties.
Sample Motion
(Sample Motion for the Board of Equalization)
Move to approve the resolution determining benefits for Street Improvement District No.
1256.
(Sample Motion for the Ordinance)
Move to approve the Ordinance levying the assessments for Street Improvement District
No. 1256.
Approved as to Form ¤ ___________
December 16, 2011 ¤ City Attorney
R E S O L U T I O N 2011-BE-8
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA, sitting as a Board of Equalization for Street Improvement District No. 1256, after
due notice having been given thereof, that we find and adjudge:
That the benefits accruing to the real estate in such District No. 1256 to be the total sum of
$794,704.82; and
Such benefits are equal and uniform; and
According to the equivalent frontage of the respective lots, tracts, and real estate within such
Street Improvement District No. 1256, such benefits are the sums set opposite the several descriptions as
follows:
Name Description Assessment
Street Improvement District No. 1256
The Pinnacle Agency LLC Lot 10, Bosselman 2nd Subdivision $6,047.96
The Pinnacle Agency LLC Lot 11, Bosselman 2nd Subdivision $34,271.79
Dale L & Shirley Skow Lot 12, Bosselman 2nd Subdivision $44,335.36
Mid Nebraska Foundation Inc. Lot 13, Bosselman 2nd Subdivision $7,831.63
Bosselman Inc. S 100’ Lot 1, Bosselman Subdivision $2,878.83
Bosselman Inc. Lot 2, Bosselman Subdivision $34,606.93
Bluestem Properties LLC Lot 3, Bosselman Subdivision $37,497.37
Bluestem Properties LLC Lot 4, Bosselman Subdivision $3,289.69
Casey Retail Copmany Lot 1, Block 1, Dickey Subdivision $28,792.34
Library Restaurant & Lounge Inc. S 64’ of S ½ Lot 2, Block 1, Dickey Subdivision $1,044.28
Robert D & Patricia J Hancock Lot 1, Bels 2nd Subdivision $7,815.74
Robert D & Patricia J Hancock Lot 2, Bels 2nd Subdivision $7,975.25
Robert D & Patricia J Hancock Lot 3, Bels 2nd Subdivision $7,975.25
Robert D & Patricia J Hancock Lot 4, Bels 2nd Subdivision $7,975.25
Janiece Jones Trustees Lot 5, Bels 2nd Subdivision $7,975.25
Janiece Jones Trustees Lot 6, Bels 2nd Subdivision $7,975.25
Buck’s Rental Inc. Lot 7, Bels 2nd Subdivision $7,975.25
Buck’s Rental Inc. Lot 8, Bels 2nd Subdivision $7,975.25
Buck’s Rental Inc. Lot 9, Bels 2nd Subdivision $7,975.25
Thomas J Lemke Lot 2, Lemke Subdivision $3,370.73
Jeff & Jamie A Vinson Lot 1, Lemke Subdivision $12,579.76
City of Grand Island Part of SE ¼, SE ¼ of Section 1-11-10 $29,836.62
Detention Cell D-1
O’Connor Enterprises Inc. Parcel 1: A part of the SE ¼ of Section 1-11-10 $37,023.90
West of the 6th p.m., described as follows, to-wit:
Commencing at a point at the SE corner of Section
1-11-10, running N 165’ parallel to the center of the
Road along the E section line; thence running in a
westerly direction 264’ parallel to the center of the
road, along the S side of said Section; thence E 264’
to the place of beginning, except a certain tract
deeded to the City of Grand Island recorded as
- 2 -
Document No.83-003899, Hall County, Nebraska.
And part of the SE ¼ of Section 1-11-10 west of the
6th p.m., more particularly described as follows:
Beginning at a point on the E line of said SE ¼, which
point is 165’ N of the SE corner of said SE ¼ of said
Section, running thence N along the E line of said SE ¼
165’, running thence W parallel to the S line of said
SE ¼ of said Section 264’, running thence S parallel to
the E line of sais Se ¼, 165’, running thence E parallel
to the S line of said Se ¼ 264’ to the actual point of beginning.
Northwest Crossings LLC Lot 1, Bels Subdivision $6,899.52
DBA Gateway Shopping Center
Northwest Crossings LLC Lot 2, Bels Subdivision $6,851.13
DBA Gateway Shopping Center
Northwest Crossings LLC Lot 3, Bels Subdivision $6,794.69
DBA Gateway Shopping Center
Northwest Crossings LLC Lot 4, Bels Subdivision $6,753.56
DBA Gateway Shopping Center
Northwest Crossings LLC Lot 5, Bels Subdivision $6,733.40
DBA Gateway Shopping Center
Northwest Crossings LLC Lot 6, Bels Subdivision $6,733.40
Northwest Crossings LLC Lot 7, Bels Subdivision $6,733.40
DBA Gateway Shopping Center
Northwest Crossings LLC Lot 8, Bels Subdivision $6,167.84
DBA Gateway Shopping Center
Gordman Grand Island LLC N 300’ of Lot 4, Grand Island Plaza Subdivision $28,191.49
Gordman Grand Island LLC Lot 3, Grand Island Plaza Subdivision $52,100.57
Gordman Grand Island LLC Lot 2, Grand Island Plaza Subdivision $9,016.88
Gordman Grand Island LLC A tract of land comprising of part of the E ½ of $29,346.33
the NE ¼ of Section 12-11-10 west of the 6th p.m.,
Hall County, Nebraska, more particularly described
as follows: Commencing at a pint 75’ E of the NW
corner of said E1/2 NE ¼ on the N line of said E ½
NE ¼; thence continuing easterly along the N line of
said E ½ NE ¼ a distance of 200’; thence southerly
and parallel to the westerly line of said E ½ NE ¼ a
distance of 217.8’; thence westerly and parallel to the
N line of said E ½ NE ¼ a distance of 200’ to a point
on the easterly right of way of US Highway No. 281;
thence northerly along and upon the E right of way line
of US Highway No. 281 a distance of 217.8’ to the point
of beginning.
John R Menard Lot 6, Menard 2nd Subdivision $38,567.49
Southeast Crossing LLC Lot 7, Menard 2nd Subdivision $1,069.20
City of Grand Island Pt NW ¼, NE ¼, Section 12-11-10 $59,553.89
Detention Cell C-1
John R Menard Lot 3, Menard 2nd Subdivision $20,455.15
John R Menard Lot 2, Menard 2nd Subdivision $37,756.19
City of Grand Island Beginning at the N ¼ corner of Section 12-11-10 $13,895.80
Utilities Substation West of the 6th p.m.; thence on an assumed bearing
of S 89°20’09” E along the N line of the NW ¼ of
the NE ¼ of said Section 12, a distance of 75’; thence
- 3 -
S 00° 03’ 30” E along a line parallel to the W line of
the NW ¼ of the NE ¼ of said Section 12, a distance
of 33’ to the S right of way line of Capital Avenue;
thence continuing s 00° 03’ 30” E , a distance of 237’;
thence s 89° 20’ 09” E, a distance of 248’; thence
N 89° 20’ 09” W along a line parallel to the N line of
the NW ¼ of the NE ¼ of said Section 12 a distance
of 323’ to a point on the W line of the NW ¼ of the
NE ¼ of said Section 12; thence N 00° 03’ 30” W along
the W line of the NW ¼ of the NE ¼ of said Section 12,
a distance of 537’ to the S right of way line of Capital
Avenue; thence continuing N 00° 03’ 30” W, a distance
of 33’ to the point of beginning, containing 2.68 acres,
more or less, all as shown on the plat marked Exhibit “A”,
dated 7-18-95, attached hereto and incorporated herein by
reference.
City of Grand Island Part of NE ¼, NW 1/4 of Section 12-11-10, being $12,902.32
80’x307’ (Moores Creek Drainway)
City of Grand Island Part of SE ¼ of SW ¼, Section 1-11-10, being $12,902.32
80’x307’ (Moores Creek Drainway)
WBP Partnership Part of the E ½ of the NE ¼ of Section 12-11-10 $8,382.48
West of the 6th p.m., Hall County, Nebraska, more particularly
described as follows: Beginning at a point on the Section
line, said point being 200; S of the NE corner of said
Section 12; running thence W and parallel to the N section
line of said Section 12, a distance of 418’; running thence
S parallel to the E section line of said Section 12, a distance
of 228’; running thence E parallel to the N section line of
said Section 12, a distance of 418’; running thence N on
the section line of said Section 12, a distance of 228’ to
the point of beginning, except for parts deeded in Deeds
recorded as Document No. 83-004647 and Document
No. 84-001480 in the Register of Deeds Office, Hall
County, Nebraska.
TOTAL $732,831.98
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 20, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item E1
Public Hearing on Request from GMRI, Inc. dba The Olive
Garden Italian Restaurant #4416, 1010 Allen Drive for a Class "I"
Liquor License
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Council Agenda Memo
From: RaNae Edwards, City Clerk
Meeting: December 20, 2011
Subject: Public Hearing on Request from GMRI, Inc. dba The
Olive Garden Italian Restaurant #4416, 1010 Allen Drive
for a Class “I” Liquor License
Item #’s: E-1 & I-1
Presenter(s): RaNae Edwards, City Clerk
Background
Section 4-2 of the Grand Island City Code declares the intent of the City Council
regarding liquor licenses and the sale of alcohol.
Declared Legislative Intent
It is hereby declared to be the intent and purpose of the city council in adopting
and administering the provisions of this chapter:
(A) To express the community sentiment that the control of availability of alcoholic
liquor to the public in general and to minors in particular promotes the public
health, safety, and welfare;
(B) To encourage temperance in the consumption of alcoholic liquor by sound and
careful control and regulation of the sale and distribution thereof; and
(C) To ensure that the number of retail outlets and the manner in which they are
operated is such that they can be adequately policed by local law enforcement
agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes
and offenses is kept to a minimum.
Discussion
GMRI, Inc. dba The Olive Garden Italian Restaurant #4416, 1010 Allen Drive has
submitted an application for a Class “I” Liquor License. A Class “I” Liquor License
allows for the sale of alcohol on sale only inside the corporate limits of the city.
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all licenses. This application has been reviewed by the Clerk,
Building, Fire, Health, and Police Departments.
Also submitted with the application was a request from Becky Janes, 2236 West 11th
Street for a Liquor Manager designation.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the application.
2. Forward to the Nebraska Liquor Control Commission with no
recommendation.
3. Forward to the Nebraska Liquor Control Commission with recommendations.
4. Deny the application.
Recommendation
Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor
Licenses, City Administration recommends that the Council approve this application.
Sample Motion
Move to approve the application for GMRI, Inc. dba The Olive Garden Italian Restaurant
#4416, 1010 Allen Drive for a Class “I” Liquor License contingent upon final inspections
and Liquor Manager designation for Becky Janes, 2236 West 11th Street contingent upon
Ms. Janes completing a state approve alcohol server/seller training program.
12/12/11 Grand Island Police Department
450
14:34 LAW INCIDENT TABLE Page:
City : Grand Island
Occurred after : 12:18:07 12/05/2011
Occurred before : 12:18:07 12/05/2011
When reported : 12:18:07 12/05/2011
Date disposition declared : 12/05/2011
Incident number : L11120560
Primary incident number :
Incident nature : Liquor Lic Inv Liquor License
Investigation
Incident address : 1010 Allen Dr
State abbreviation : NE
ZIP Code : 68803
Contact or caller :
Complainant name number :
Area location code : PCID Police - CID
Received by : Vitera D
How received : T Telephone
Agency code : GIPD Grand Island Police Department
Responsible officer : Vitera D
Offense as Taken :
Offense as Observed :
Disposition : ACT Active
Misc. number : RaNae
Geobase address ID : 475
Long-term call ID :
Clearance Code : CL Case Closed
Judicial Status : NCI Non-criminal Incident
INVOLVEMENTS:
Px Record # Date Description Relationship
NM 46198 12/08/11 Janes, Becky L Liquor Manager
NM 108559 12/08/11 Janes, Daniel L Becky's Spouse
NM 172165 12/08/11 Olive Garden, Business
LAW INCIDENT CIRCUMSTANCES:
Se Circu Circumstance code Miscellaneous
-- ----- ------------------------------ --------------------
1 LT21 Restaurant
LAW INCIDENT NARRATIVE:
I Received a Copy of a Liquor License Application for the Olive Garden
and a
Copy of a Liquor Manager Application from Becky Janes.
LAW INCIDENT RESPONDERS DETAIL:
Se Responding offi Unit n Unit number
-- --------------- ------ ------------------------------
1 Vitera D 318 Vitera D
12/12/11 Grand Island Police Department
450
14:34 LAW INCIDENT TABLE Page:
2
LAW SUPPLEMENTAL NARRATIVE:
Seq Name Date
--- --------------- -------------------
1 Vitera D 15:44:18 12/08/2011
318
Grand Island Police Department
Supplemental Report
Date, Time: Thu Dec 08 15:45:39 CST 2011
Reporting Officer: Vitera
Unit #: CID
The Olive Garden Italian Restaurant is applying for a Class I (beer,
wine, &
distilled spirits on sale only) corporate license. Becky Janes is the
proposed
liquor manager. She is married to Daniel Janes who signed a Spousal
Affidavit
of Non Participation form.
The application lists seven corporate officers, five of whom have
spouses. All
twelve people currently reside in Florida. The "No" box was checked on
the
application where it asks if any of the applicants have ever been
convicted of
any charge. Since I can't run criminal history checks for liquor license
investigations, and all of the applicants live out of state, this
investigation
will have to rely on the fingerprint submissions, NSP investigation, and
the
NLCC decision. With all of the Olive Garden restaurants around the
United
States, I can't imagine that any of the officers on the application would
be
ineligible to receive a liquor license. Local input is very difficult
when none
of the people listed on the application are local.
I will focus more on the manager application. Becky Janes and her
husband
(Daniel) have lived in Grand Island since 1984. They also checked the
"No" box
indicating that they haven't been convicted of any charge. I noticed
that I did
an investigation on Becky for being a liquor manager for Red Lobster back
in
2008. I didn't find anything then that would exclude her. I checked on
Becky
again through Spillman and NCJIS. She still has nothing in Spillman that
would
indicate any violations. She doesn't have any convictions listed in
NCJIS.
Daniel Janes doesn't have anything in Spillman that would indicate that
he's
been convicted of anything. A check of NCJIS confirmed that Daniel
doesn't have
any convictions in Hall County, and he doesn't have any in the State of
Nebraska.
From reading the liquor license application, it appears that The Olive
Garden
and Red Lobster are both owned by Darden Restaurants, Inc.
Assuming that the liquor license application doesn't run into any
roadblocks at
the State level, the GIPD doesn't have any objections to the Olive Garden
receiving a liquor license. We would also recommend that Becky Janes
receives
local approval for her liquor manager designation.
Item E2
Public Hearing Concerning Acquisition of Utility Easement - West
of Locust Street, and North of Schimmer Drive - Hooker Brothers
Sand & Gravel
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: Tim Luchsinger
City of Grand Island City Council
Council Agenda Memo
From: Robert H. Smith, Asst. Utilities Director
Meeting: December 20, 2011
Subject: Acquisition of Utility Easement – Just Northwest of the
Intersection of Schimmer Drive and Locust Street – Hooker
Brothers Sand and Gravel, Inc.
Item #’s: E-2 & G-7
Presenter(s): Timothy Luchsinger, Utilities Director
Background
Nebraska State Law requires that acquisition of property must be approved by City Council.
The Utilities Department needs to acquire an easement relative to the property of Hooker
Brothers Sand & Gravel, Inc., located just to the north and west of Schimmer Drive and
Locust Street, in the City of Grand Island, Hall County, in order to have access to install,
upgrade, maintain, and repair power appurtenances, including lines and transformers.
Discussion
This easement will be used to install underground electrical conduit cable and a pad-mounted
transformer to provide 3-Phase service to a new building located on the property.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1. Make a motion to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution for the acquisition
of the easement for one dollar ($1.00).
Sample Motion
Move to approve acquisition of the Utility Easement.
Item E3
Public Hearing Concerning Acquisition of Utility Easement - 1404
West 2nd Street - Casey's Retail Company
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: Tim Luchsinger
City of Grand Island City Council
Council Agenda Memo
From: Robert H. Smith, Asst. Utilities Director
Meeting: December 20, 2011
Subject: Acquisition of Utility Easement – 1404 West 2nd Street
Casey’s Retail Company
Item #’s: E-3 & G-8
Presenter(s): Timothy Luchsinger, Utilities Director
Background
Nebraska State Law requires that acquisition of property must be approved by City Council.
The Utilities Department needs to acquire an easement relative to the property of Casey’s
Retail Company, located at the northwest corner of Casey’s General Store at 1404 West 2nd
Street, in the City of Grand Island, Hall County, in order to have access to install, upgrade,
maintain, and repair power appurtenances, including lines and transformers.
Discussion
Casey’s is expanding the size of its store and will require a larger electric service. This
easement will be used to place underground conduit, cable, and a pad-mounted transformer to
provide that new service.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1. Make a motion to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution for the acquisition
of the easement for one dollar ($1.00).
Sample Motion
Move to approve acquisition of the Utility Easement.
Item E4
Public Hearing on Amendments to Chapter 36-69 of the Grand
Island City Code Relative to (AC) Arterial Commercial Overlay
Zone Regarding Campgrounds
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Chad Nabity, AICP
Meeting: December 20, 2011
Subject: Changes to Chapter 36 (Zoning)
Item #’s: E-4 & F-2
Presenter(s): Chad Nabity, Regional Planning Director
Background
Concerning proposed amendments to Chapter 36 of the Grand Island City Code (Zoning)
in the following area: §36-69 - (AC) Arterial Commercial Overlay Zone. (C-03-2012GI)
Changes were made in February of 2009 to the AC Arterial Commercial Overlay Zone
regulations to allow the development of RV Parks and Campgrounds by conditional use
permit. These changes established the following minimum requirements for an RV Park
or Campground.
(2) Campgrounds including those serving recreational vehicles subject to following
conditions:
a) Developer shall submit a diagram of the proposed camp ground including a
plot plan of the pads, landscaping plan, utility plan and interior street plan with the
application for a conditional use permit
b) A minimum of one toilet and one lavatory for each sex shall be provided for
the exclusive use of the park occupants. An additional toilet and lavatory for each sex
shall be provided for each fifteen (15) sites or fraction thereof.
c) All RV pads shall be provided with a landscape buffer yard or street yard as
identified in the landscaping section of this code.
d) Pads shall not be accessible from any public way.
Subparagraph b) set the minimum improvements for sanitary facilities. These were based
on a review of similar regulations from jurisdictions across the country. Craig Lewis the
Grand Island Building Department Director, in reviewing supplements to the National
Fire Protection Association Building Code has found NFPA recommended standards that
would lessen the requirements and be consistent with a national standard. The proposal is
to change the zoning regulations so they are consistent with the requirements of the
NFPA Code as follows:
(2) Campgrounds including those serving recreational vehicles subject to following
conditions:
a) Developer shall submit a diagram of the proposed camp ground including a
plot plan of the pads, landscaping plan, utility plan and interior street plan with the
application for a conditional use permit
b) A minimum of one toilet and one lavatory for each sex shall be provided for
the exclusive use of the park occupants. An additional toilet and lavatory for each sex
shall be provided for each fifteen (15) sites or fraction thereof. A minimum of one toilet
shall be provided for each sex up to the first 25 sites. For each additional 25 sites not
provided with sewer connections, an additional toilet for each sex shall be provided.
c) All RV pads shall be provided with a landscape buffer yard or street yard as
identified in the landscaping section of this code.
d) Pads shall not be accessible from any public way.
Discussion
The Planning Commission held a public hearing on the proposed changes at their meeting
on December 7, 2011. No members of the public spoke in favor or against the proposed
changes. A motion was made by Haskins and seconded by Bredthauer to approve the
amendments to Chapter 36 of the Grand Island City Code. The motion carried with 8
members present and all voting in favor (O’Neill, Ruge, McCarty, Bredthauer, Reynolds,
Haskins, Hayes and Snodgrass) and no members abstaining.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the proposed changes as
recommended.
Sample Motion
Move to approve the proposed changes to Chapter 36 as recommended and shown in
Ordinance No. 9349.
Item E5
Public Hearing on Acquisition of Public Utility Easement in Oak
Pointe Subdivision (R.B.O., L.L.C.)
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: John Collins, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Terry Brown, Manager of Engineering Services
Meeting: December 20, 2011
Subject: Public Hearing on Acquisition of Public Utility Easement
in Oak Pointe Subdivision (R.B.O., L.L.C.)
Item #’s: E-5 & G-12
Presente r(s): John Collins, Public Works Director
Background
Nebraska State Statutes stipulate that the acquisition of property requires a public hearing
to be conducted with the acquisition approved by the City Council. A public utility
easeme nt is needed in the Oak Pointe Subdivision to accommodate public utilities. The
easement will allow for the construction, operation, maintenance, extension, repair,
replacement, and removal of public utilities within the easement.
Discussion
To allow for redesign of the development area it is requested that the existing sixty (60)
foot utility easement be vacated. This new easement will be a fifty (50) foot wide
easement on the south side of the subdivision, with a ten (10) foot wide easement running
north and south on the east side of the subdivision. The proposed easement will allow
sufficient access to existing utilities within the area.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council conduct a Public Hearing and approve
acquisition of the Easement.
Sample Motion
Move to approve the acquisition of the Easement.
Item F1
#9346 - Consideration of Annexation Property Located at 1120
and 1140 South Lincoln (former Aurora Coop Site) (Final Reading)
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Chad Nabity, Regional Planning Director
Meeting: December 20, 2011
Subject: Annexation of Property Located North of Fonner Park
Road and West of Lincoln Avenue (Former Aurora Coop
Site) (Final Reading)
Item #’s: F-1
Presente r(s): Chad Nabity, Regional Planning Director
Background
The Annexation Component of the Grand Island Comprehensive Development Plan as
adopted by the Grand Island City Council on July 13, 2004 sets as the policy of Grand
Island that: County Industrial Tracts should periodically be reviewed as allowed by
Revised Nebraska State Statutes for consideration of annexation and that all areas
encompassed by the Corporate Limits of Grand Island should be considered for
annexation.
Chief Industries, Inc., a Delaware Corporation, has purchased the former Aurora Coop
Site. Chief Industries owns additional property in the area including the Chief Fabrication
Plant immediately to the west of this property. They have sent a request to the Hall
County Board of Supervisors requesting that this property be removed from the County
Industrial Tract per NRSS §13-1119. Chief made this same request for the Chief
Fabrication Plant property when they purchased it more than 12 years ago. Hall County
will hold a hearing on removing the property from the County Industrial Tract at their
regular meeting on November 22, 2011.
Chief Industries submitted a letter to the City Clerk dated October 20, 2011 requesting
that the City consider annexation of this property per NRSS §16-117 (7). The City is able
annex this property once it has been removed from the County Industrial Tract.
Based on the requests from Chief Industries to remove the property from the County
Industrial Tract and to annex the property into the City, staff has prepared an ordinance
for annexation that would become effective 15 days after passage on third and final
reading and after the property is removed from the County Industrial Tract by the Hall
County Board of Supervisors.
Discussion
Staff has prepared an ordinance in accordance with the requirements of Nebraska Revised
Statute §16-117 (7). Annexation ordinances must be read on three separate occasions.
This is the first reading of the ordinance. This ordinance includes exhibits showing the
property to be considered for annexation and the legal descriptions of those properties.
There is no impact to the extraterritorial zoning jurisdiction of the City as the County
Industrial Tracts are entirely surrounded by the municipal limits of Grand Island.
No existing residences would be added to the City as a result of this annexation. The
buildings included with the Aurora Coop would be added with this annexation but it
appears that Chief Industries intends to remove the existing structures to make the
property available for redevelopment.
City Council approved Ordinance No. 9346 on first reading at the November 22, 2011
and second reading at the December 6, 2011 City Council meetings. This would be the
final of three readings.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council pass the annexation ordinance.
Sample Motion
Move to approve the annexation ordinance on final reading.
Approved as to Form ¤ ___________
December 14, 2011 ¤ City Attorney
ORDINANCE NO. 9346
An ordinance to extend the boundaries and include within the corporate limits of,
and to annex into the City of Grand Island, Nebraska, a tract of land north of Fonner Park Road
and west of Lincoln Avenue in Hall County, Nebraska as more particularly described hereinafter
and as shown on Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any
ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in
pamphlet form; and to provide the effective date of this ordinance.
WHEREAS, after the Chief Industries, Inc. A Delaware Corporation as owner of
the property submitted a request that the City Annex this property into the City of Grand Island;
and
WHEREAS, the Annexation Component of the Comprehensive Development
Plan for the City of Grand Island encourages annexation of adjacent properties into the City; and
WHEREAS, Chief Industries, Inc. A Delaware Corporation has requested that
this property be removed from the Hall County Industrial Area; and
WHEREAS, Hall County is in the process of removing the property from the Hall
County Industrial Area, and
* This Space Reserved For Register of Deeds *
ORDINANCE NO. 9346 (Cont.)
- 2 -
WHEREAS, according to NRSS §16-117 the City of Grand Island can upon
petition of the property owner(s) of property contiguous and adjacent to the City Limits annex
said property by ordinance; and
WHEREAS, on November 22, 2011, the City Council of the City of Grand Island
approved such annexation on first reading and on December 6, 2011 approved such annexation
on second reading.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. It is hereby found and determined that:
(A) The above-described tracts of land are urban or suburban in character, and
that the subject properties are contiguous or adjacent to the corporate limits of said City.
(B) The subject lands will receive the material benefits and advantages currently
provided to land within the City's corporate limits including, but not limited to police, fire,
emergency services, street maintenance, and utilities services upon annexation to the City of
Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or
will be made available, as provided by law.
(C) The various zoning classifications of the land shown on the Official Zoning
Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation does
not extend the extraterritorial zoning jurisdiction.
(D) There is unity of interest in the use of the said tract of land, lots, tracts,
highways and streets (lands) with the use of land in the City, and the community convenience
and welfare and in the interests of the said City will be enhanced through incorporating the
subject land within the corporate limits of the City of Grand Island.
ORDINANCE NO. 9346 (Cont.)
- 3 -
SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are
hereby extended to include within the corporate limits of the said City the contiguous and
adjacent tract of land located within the boundaries described above.
SECTION 3. The subject tract of land is hereby annexed to the City of Grand
Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject
to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and
territory included within the City of Grand Island, Nebraska.
SECTION 4. The owners of the land so brought within the corporate limits of the
City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys,
easements, and public rights-of-way that are presently platted and laid out in and through said
real estate in conformity with and continuous with the streets, alleys, easements and public
rights-of-way of the City.
SECTION 5. That a certified copy of this Ordinance shall be recorded in the
office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land.
SECTION 6. Upon taking effect of this Ordinance, the services of said City shall
be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for
Extension of City Services adopted herein.
SECTION 7. That all ordinances and resolutions or parts thereof in conflict
herewith are hereby repealed.
SECTION 8. This ordinance shall be in full force and effect 15 days after its
passage, and when final action is taken by Hall County to remove the property from the Hall
County Industrial Area, and upon publication, in pamphlet form, as provided by law.
ORDINANCE NO. 9346 (Cont.)
- 4 -
Enacted: December 20, 2011.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
ORDINANCE NO. 9346 (Cont.)
- 5 -
ORDINANCE NO. 9346 (Cont.)
- 6 -
Exhibit A
A tract of land comprising a part of the South Half of the Northeast Quarter (S1/2 NE1/4) a
Section of Twenty-One (21), Township Eleven(11) North, Range Nine (9) West of the 6th P.M.,
in Hall County, Nebraska more particularly described as follows:
Beginning at the intersection of the center line of Lincoln Avenue and the centerline of Fonner
Park Road (also being the South line of said Northeast Quarter (NE1/4); thence Northwesterly
along the centerline of said Lincoln Avenue, a distance of Nine Hundred Seventy Six and
Twenty-five Hundredths (976.25) feet; thence deflecting Left 89 degrees 48’30” and running
Southwesterly parallel to the centerline of Phoenix Avenue, a distance of Four Hundred Eighty
Two and Two Tenths (482.2) Feet; to the centerline of Burlington Northern Track No. 33; thence
deflecting Left 89 degrees 58’ and running Southeasterly along said centerline of Track No. 33, a
distance of Three Hundred Thirty Five and Twelve Hundredths (335.12) Feet, to a point of
curvature; thence running Southwesterly along said centerline of Track No. 33, and on the arc of
a curve whose radius is 763.95’ (the long chord of which deflects 12 degrees 51’ right from the
last described course), a long chord distance of Three Hundred Forty Two and Eighteen
Hundredths (342.18) feet, to the South line of said Northeast Quarter (NE1/4); thence deflecting
Left 74 degrees 10’ from said long chord, and running Easterly along the South line of said
Northeast Quarter (NE1/4), also being the center line of said Fonner Park road, a distance of Six
Hundred Forty and Five Tenths (640.5) feet to the Place of Beginning, excepting there from a
tract of land more particularly describe in Corporation Warranty Deed recorded in the Register of
Deeds Office as document #76-003924.
Item F2
#9349 - Consideration of Amendments to Chapter 36-69 of the
Grand Island City Code Relative to (AC) Arterial Commercial
Overlay Zone Regarding Campgrounds
This item relates to the aforementioned Public Hearing item E-4.
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Approved as to Form ¤ ___________
December 14, 2011 ¤ City Attorney
ORDINANCE NO. 9349
An ordinance to amend Chapter 36 of the Grand Island City Code specifically, to
amend Section 36-69 pertaining to the AC Arterial Commercial Overlay Zone; to repeal Sections
36-69 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to
provide for publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 36-69 of the Grand Island City Code is hereby amended to
read as follows:
§36-69. (AC) Arterial Commercial Overlay Zone
Intent: The intent of this zoning district is to provide an overlay of the (B-2) General Business Zoning
District in order to require increased front setbacks, landscaping, and the limitation of some uses within areas along
entrance corridors of the city. As the name implies, the overlay will be most commonly used along an arterial street
corridor.
(A) Permitted Principal Uses: The following principal uses are permitted in the (AC) Arterial Co mmercial Overlay
District
(1) Agencies as found in the Zoning Matrix [Attachment A hereto]
(2) Boarding and lodging houses, fraternity and sorority houses
(3) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature
(4) Colleges offering courses of general instruction, including convents, monasteries, dormitories, and other
related living structures when located on the same site as the college
(5) Country clubs
(6) Dwelling units
(7) Elderly Home, Assisted Living
(8) Group Care Home with less than eight (8) individuals
(9) Hospitals, nursing homes, convalescent or rest homes
(10) Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more than
20% of the floor area is so used
(11) Nonprofit community buildings and social welfare establishments
(12) Office and office buildings for professional and personal service as found in the Zoning Matrix
[Attachment A hereto]
(13) Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles, trailers, manufactured
homes, farm and construction machinery, etc.
(14) Preschools, nursery schools, day care centers, children's homes, and similar facilities
(15) Public parks and recreational areas
(16) Public, parochial and private schools having a curriculum equivalent to an elementary or higher
educational level
(17) Public and quasi-public buildings for cultural use
(18) Radio and television stations (no antennae), private clubs and meeting halls
(19) Railway right-of-way but not including railway yards or facilities
(20) Specific uses such as: archery range, drive-in theatre, golf driving range
(21) Stores and shops that conduct retail business, provided, all activities and display goods are carried on
within an enclosed building except that green plants and shrubs may be displayed in the open, as per the Zoning
Matrix (Attachment A hereto)
(22) Stores and shops for the conduct of wholesale business, including sale of used merchandise.
ORDINANCE NO. 9349 (Cont.)
- 2 -
(23) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises
(24) Utility substations necessary to the functioning of the utility, but not including general business offices,
maintenance facilities and other general system facilities, when located according to the yard space rules set forth in
this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such
exterior design as to harmonize with nearby properties
(25) Vocational or trade schools, business colleges, art and music schools and conservatories, and other similar
uses
(26) Other uses as indicated in the Zoning Matrix [Attachment A hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to other
conditions relating to the placement of said use on a specific tract of ground in the (AC) Arterial Commercial
Overlay District as approved by City Council.
(1) Towers
(2) Campgrounds including those serving recreational vehicles subject to following conditions:
a) Developer shall submit a diagram of the proposed camp ground including a plot plan of the pads,
landscaping plan, utility plan and interior street plan with the application for a conditional use permit
b) A minimum of one toilet shall be provided for each sex up to the first 25 sites. For each additional 25
sites not provided with sewer connections, an additional toilet for each sex shall be provided.
c) All RV pads shall be provided with a landscape buffer yard or street yard as identified in the landscaping
section of this code.
d) Pads shall not be accessible from any public way.
(C) Permitted Accessory Uses:
(1) Buildings and uses accessory to the permitted principal uses
(2) Automotive body repair may be accessory to new or used automotive sales or rental, provided, no outside
storage of parts shall be permitted.
(D) Space Limitations:
Uses Minimum Setbacks
A B C D E
Minimum
Parcel Area (feet)
Minimum
Lot Width (feet)
Front
Yard (feet)
Rear
Yard (feet)
Side
Yard (feet)
Street
Side
Yard (feet)
Maximum
Ground Coverage
Maximum
Building Height (feet)
Permitted Uses 5,000 50 20 01 02 10 80% 55
Conditional
Uses
5,000 50 20 01 02 10 80% 55
1 No rear yard setback is required if bounded by an alley, otherwise a setback of 10 feet is required. 2 No side yard setback is required, but if provided, not less than 5 feet, or unless adjacent to a parcel whose zone requires a side yard setback, then 5 feet.
(E) Procedure:
(1) An application for an amendment to the arterial commercial zone on the Official Zoning Map shall follow
all procedural requirements as set forth in this Section.
(F) Miscellaneous Provisions:
(1) Supplementary regulations shall be complied with as defined herein.
(2) Only one principal building shall be permitted on any one zoning lot except as otherwise provided herein.
(3) Landscaping shall be provided and maintained within the 20 foot front yard setback. Landscaping shall
mean lawn areas and may also include trees, shrubs, and flowers. Crushed or lava rock, gravel, bark chips, etc. shall
not substitute for lawn area.
(4) All improvements and uses shall be designed to direct primary vehicular and pedestrian traffic to arterial
street access and reduce such traffic on adjacent non-arterial streets and alleys.
Amended by Ordinance No. 8947, effective 1-5-2005
ORDINANCE NO. 9349 (Cont.)
- 3 -
Amended by Ordinance No. 9202, effective 02-15-09
SECTION 2. Section 36-69 as existing prior to this amendment, and any
ordinances or parts of ordinances in conflict herewith, are repealed.
SECTION 3. The validity of any section, subsection, sentence, clause, or phrase
of this ordinance shall not affect the validity or enforceability of any other section, subsection,
sentence, clause, or phrase thereof.
SECTION 4. That this ordinance shall be in force and take effect January 15,
2012.
Enacted: December 20, 2011.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
§36-69. (AC) Arterial Commercial Overlay Zone
Intent: The intent of this zoning district is to provide an overlay of the (B-2) General Business Zoning
District in order to require increased front setbacks, landscaping, and the limitation of some uses within areas along
entrance corridors of the city. As the name implies, the overlay will be most commonly used along an arterial street
corridor.
(A) Permitted Principal Uses: The following principal uses are permitted in the (AC) Arterial Commercial Overlay
District
(1) Agencies as found in the Zoning Matrix [Attachment A hereto]
(2) Boarding and lodging houses, fraternity and sorority houses
(3) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature
(4) Colleges offering courses of general instruction, including convents, monasteries, dormitories, and other
related living structures when located on the same site as the college
(5) Country clubs
(6) Dwelling units
(7) Elderly Home, Assisted Living
(8) Group Care Home with less than eight (8) individuals
(9) Hospitals, nursing homes, convalescent or rest homes
(10) Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more than
20% of the floor area is so used
(11) Nonprofit community buildings and social welfare establishments
(12) Office and office buildings for professional and personal service as found in the Zoning Matrix
[Attachment A hereto]
(13) Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles, trailers, manufactured
homes, farm and construction machinery, etc.
(14) Preschools, nursery schools, day care centers, children's homes, and similar facilities
(15) Public parks and recreational areas
(16) Public, parochial and private schools having a curriculum equivalent to an elementary or higher
educational level
(17) Public and quasi-public buildings for cultural use
(18) Radio and television stations (no antennae), private clubs and meeting halls
(19) Railway right-of-way but not including railway yards or facilities
(20) Specific uses such as: archery range, drive-in theatre, golf driving range
(21) Stores and shops that conduct retail business, provided, all activities and display goods are carried on
within an enclosed building except that green plants and shrubs may be displayed in the open, as per the Zoning
Matrix (Attachment A hereto)
(22) Stores and shops for the conduct of wholesale business, including sale of used merchandise.
(23) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises
(24) Utility substations necessary to the functioning of the utility, but not including general business offices,
maintenance facilities and other general system facilities, when located according to the yard space rules set forth in
this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such
exterior design as to harmonize with nearby properties
(25) Vocational or trade schools, business colleges, art and music schools and conservatories, and other similar
uses
(26) Other uses as indicated in the Zoning Matrix [Attachment A hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to other
conditions relating to the placement of said use on a specific tract of ground in the (AC) Arterial Commercial
Overlay District as approved by City Council.
(1) Towers
(2) Campgrounds including those serving recreational vehicles subject to following conditions:
a) Developer shall submit a diagram of the proposed camp ground including a plot plan of the pads,
landscaping plan, utility plan and interior street plan with the application for a conditional use permit
b) A minimum of one toilet and one lavatory for each sex shall be provided for the exclusive use of the
park occupants. An additional toilet and lavatory for each sex shall be provided for each fifteen (15) sites or fraction
thereof. A minimum of one toilet shall be provided for each sex up to the first 25 sites. For each additional 25 sites
not provided with sewer connections, an additional toilet for each sex shall be provided.
c) All RV pads shall be provided with a landscape buffer yard or street yard as identified in the landscaping
section of this code.
d) Pads shall not be accessible from any public way.
(C) Permitted Accessory Uses:
(1) Buildings and uses accessory to the permitted principal uses
(2) Automotive body repair may be accessory to new or used automotive sales or rental, provided, no outside
storage of parts shall be permitted.
(D) Space Limitations:
Uses Minimum Setbacks
A B C D E
Minimum
Parcel Area (feet)
Minimum
Lot Width (feet)
Front
Yard (feet)
Rear
Yard (feet)
Side
Yard (feet)
Street
Side Yard (feet)
Maximum
Ground Coverage
Maximum
Building Height (feet)
Permitted Uses 5,000 50 20 01 02 10 80% 55
Conditional Uses 5,000 50 20 01 02 10 80% 55
1 No rear yard setback is required if bounded by an alley, otherwise a setback of 10 feet is required. 2 No side yard setback is required, but if provided, not less than 5 feet, or unless adjacent to a parcel whose zone requires a side
yard setback, then 5 feet.
(E) Procedure:
(1) An application for an amendment to the arterial commercial zone on the Official Zoning Map shall follow
all procedural requirements as set forth in this Section.
(F) Miscellaneous Provisions:
(1) Supplementary regulations shall be complied with as defined herein.
(2) Only one principal building shall be permitted on any one zoning lot except as otherwise provided herein.
(3) Landscaping shall be provided and maintained within the 20 foot front yard setback. Landscaping shall
mean lawn areas and may also include trees, shrubs, and flowers. Crushed or lava rock, gravel, bark chips, etc. shall
not substitute for lawn area.
(4) All improvements and uses shall be designed to direct primary vehicular and pedestrian traffic to arterial
street access and reduce such traffic on adjacent non-arterial streets and alleys.
Amended by Ordinance No. 8947, effective 1-5-2005
Amended by Ordinance No. 9202, effective 02-15-09
Item F3
#9350 - Consideration of Assessments for Sanitary Sewer District
No. 526; Lot 3, Grand Island Plaza Subdivision
This item relates to the aforementioned Board of Equalization item D-1.
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: John Collins, Public Works Director
City of Grand Island City Council
Approved as to Form ¤ ___________
December 15, 2011 ¤ City Attorney
This Space Reserved for Register of Deeds
ORDINANCE NO. 9350
An ordinance assessing and levying a special tax to pay the cost of construction of
Sanitary Sewer District No. 526 of the City of Grand Island, Nebraska; providing for the
collectio n of such special tax; repealing any provisions of the Grand Island City Code,
ordinances, and parts of ordinances in conflict herewith; and to provide for publication and the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. There is hereby assessed upon the following described lots, tracts
and parcels of land specially benefited, for the purpose of paying the cost of construction of said
sanitary sewer main in said Sanitary Sewer District No. 526, as adjudged by the Mayor and
Council of the City, to the extent of benefits thereto by reason of such improvement, after due
notice having been given thereof as provided by law; and a special tax for such cost of
construction is hereby levied at one time upon such lots, tracts and land as follows:
Name Description Assessment
Sanitary Sewer District No. 523
Gordman Grand Island, LLC Lot 3, Grand Island Plaza Subdivision $27,799.23
TOTAL $27,799.23
ORDINANCE NO. 9350 (Cont.)
- 2 -
SECTION 2. The special tax shall become delinquent as follows: One-tenth of
the total amount shall become delinquent in fifty days; one-tenth in one year; one-tenth in two
years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six
years; one-tenth in seven years; one-tenth in eight years; and one-tenth in nine years respectively,
after the date of such levy; provided, however, the entire amount so assessed and levied against
any lot, tract or parcel of land may be paid within fifty days from the date of this levy without
interest, and the lien of special tax thereby satisfied and released. Each of said installments,
except the first, shall draw interest at the rate of seven percent (7.0%) per annum from the time
of such levy until they shall become delinquent. After the same become delinquent, interest at
the rate of fourteen percent (14.0%) per annum shall be paid thereof, until the same is collected
and paid.
SECTION 3. The treasurer of the City of Grand Island, Nebraska is hereby
directed to collect the amount of said taxes herein set forth as provided by law.
SECTION 4. Such special assessments shall be paid into a fund to be designated
as the “Sewer Extension Fund” for Sanitary Sewer District No. 526.
SECTION 5. Any provision of the Grand Island City Code, and any provision of
any ordinance, or part of ordinance, in conflict herewith is hereby repealed.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication within fifteen days in one issue of the Grand Island Independent as
provided by law.
ORDINANCE NO. 9350 (Cont.)
- 3 -
Enacted: December 20, 2011.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F4
#9351 - Consideration of Assessments for Street Improvement
District No. 1256; Capital Avenue from the Moores Creek Drain to
Webb Road
This item relates to the aforementioned Board of Equalization item D-2.
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: John Collins, Public Works Director
City of Grand Island City Council
Approved as to Form ¤ ___________
December 16, 2011 ¤ City Attorney
This Space Reserved for Register of Deeds
ORDINANCE NO. 9351
An ordinance assessing and levying a special tax to pay the cost of construction of
Street Improvement District No. 1256 of the City of Grand Island, Nebraska; providing for the
collection of such special tax; repealing any provisions of the Grand Island City Code,
ordinances, and parts of ordinances in conflict herewith; and to provide for publication and the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. There is hereby assessed upon the following described lots, tracts
and parcels of land specially benefited, for the purpose of paying the cost of construction of said
street improvements in said Street Improvement District No. 1256, as adjudged by the Mayor
and Council of the City, to the extent of benefits thereto by reason of such improvement, after
due notice having been given thereof as provided by law; and a special tax for such cost of
construction is hereby levied at one time upon such lots, tracts and land as follows:
Name Description Assessment
Street Improvement District No. 1256
The Pinnacle Agency LLC Lot 10, Bosselman 2nd Subdivision $6,047.96
The Pinnacle Agency LLC Lot 11, Bosselman 2nd Subdivision $34,271.79
Dale L & Shirley Skow Lot 12, Bosselman 2nd Subdivision $44,335.36
ORDINANCE NO. 9351 (Cont.)
- 2 -
Mid Nebraska Foundation Inc. Lot 13, Bosselman 2nd Subdivision
$7,831.63
Bosselman Inc. S 100’ Lot 1, Bosselman Subdivision $2,878.83
Bosselman Inc. Lot 2, Bosselman Subdivision $34,606.93
Bluestem Properties LLC Lot 3, Bosselman Subdivision $37,497.37
Bluestem Properties LLC Lot 4, Bosselman Subdivision $3,289.69
Casey Retail Copmany Lot 1, Block 1, Dickey Subdivision $28,792.34
Library Restaurant & Lounge Inc. S 64’ of S ½ Lot 2, Block 1, Dickey Subdivision $1,044.28
Robert D & Patricia J Hancock Lot 1, Bels 2nd Subdivision $7,815.74
Robert D & Patricia J Hancock Lot 2, Bels 2nd Subdivision $7,975.25
Robert D & Patricia J Hancock Lot 3, Bels 2nd Subdivision $7,975.25
Robert D & Patricia J Hancock Lot 4, Bels 2nd Subdivision $7,975.25
Janiece Jones Trustees Lot 5, Bels 2nd Subdivision $7,975.25
Janiece Jones Trustees Lot 6, Bels 2nd Subdivision $7,975.25
Buck’s Rental Inc. Lot 7, Bels 2nd Subdivision $7,975.25
Buck’s Rental Inc. Lot 8, Bels 2nd Subdivision $7,975.25
Buck’s Rental Inc. Lot 9, Bels 2nd Subdivision $7,975.25
Thomas J Lemke Lot 2, Lemke Subdivision $3,370.73
Jeff & Jamie A Vinson Lot 1, Lemke Subdivision $12,579.76
City of Grand Island Part of SE ¼, SE ¼ of Section 1-11-10 $29,836.62
Detention Cell D-1
O’Connor Enterprises Inc. Parcel 1: A part of the SE ¼ of Section 1-11-10 $37,023.90
West of the 6th p.m., described as follows, to-wit:
Commencing at a point at the SE corner of Section
1-11-10, running N 165’ parallel to the center of the
Road along the E section line; thence running in a
westerly direction 264’ parallel to the center of the
road, along the S side of said Section; thence E 264’
to the place of beginning, except a certain tract
deeded to the City of Grand Island recorded as
Document No.83-003899, Hall County, Nebraska.
And part of the SE ¼ of Section 1-11-10 west of the
6th p.m., mo re particularly described as follows:
Beginning at a point on the E line of said SE ¼, which
point is 165’ N of the SE corner of said SE ¼ of said
Section, running thence N along the E line of said SE ¼
165’, running thence W parallel to the S line of said
SE ¼ of said Section 264’, running thence S parallel to
the E line of sais Se ¼, 165’, running thence E parallel
to the S line of said Se ¼ 264’ to the actual point of beginning.
Northwest Crossings LLC Lot 1, Bels Subdivision $6,899.52
DBA Ga teway Shopping Center
Northwest Crossings LLC Lot 2, Bels Subdivision $6,851.13
DBA Gateway Shopping Center
Northwest Crossings LLC Lot 3, Bels Subdivision $6,794.69
DBA Gateway Shopping Center
Northwest Crossings LLC Lot 4, Bels Subdivision $6,753.56
DBA Gateway Shopping Center
Northwest Crossings LLC Lot 5, Bels Subdivision $6,733.40
DBA Gateway Shopping Center
Northwest Crossings LLC Lot 6, Bels Subdivision $6,733.40
ORDINANCE NO. 9351 (Cont.)
- 3 -
Northwest Crossings LLC Lot 7, Bels Subdivision $6,733.40
DBA Gateway Shopping Center
Northwest Crossings LLC Lot 8, Bels Subdivision $6,167.84
DBA Gateway Shopping Center
Gordman Grand Island LLC N 300’ of Lot 4, Grand Island Plaza Subdivision $28,191.49
Gordman Grand Island LLC Lot 3, Grand Island Plaza Subdivision $52,100.57
Gordman Grand Island LLC Lot 2, Grand Island Plaza Subdivision $9,016.88
Gordman Grand Island LLC A tract of land comprising of part of the E ½ of $29,346.33
the NE ¼ of Section 12-11-10 west of the 6th p.m.,
Hall County, Nebraska, more particularly described
as follows: Commencing at a pint 75’ E of the NW
corner of said E1/2 NE ¼ on the N line of said E ½
NE ¼; thence continuing easterly along the N line of
said E ½ NE ¼ a distance of 200’; thence southerly
and parallel to the westerly line of said E ½ NE ¼ a
distance of 217.8’; thence westerly and parallel to the
N line of said E ½ NE ¼ a distance of 200’ to a point
on the easterly right of way of US Highway No. 281;
thence northerly along and upon the E right of way line
of US Highway No. 281 a distance of 217.8’ to the point
of beginning.
John R Menard Lot 6, Menard 2nd Subdivision $38,567.49
Southeast Crossing LLC Lot 7, Menard 2nd Subdivision $1,069.20
City of Grand Island Pt NW ¼, NE ¼, Section 12-11-10 $59,553.89
Detention Cell C-1
John R Menard Lot 3, Menard 2nd Subdivision $20,455.15
John R Menard Lot 2, Menard 2nd Subdivision $37,756.19
City of Grand Island Beginning at the N ¼ corner of Section 12-11-10 $13,895.80
Utilities Substation West of the 6th p.m.; thence on an assumed bearing
of S 89°20’09” E along the N line of the NW ¼ of
the NE ¼ of said Section 12, a distance of 75’; thence
S 00° 03’ 30” E along a line parallel to the W line of
the NW ¼ of the NE ¼ of said Section 12, a distance
of 33’ to the S right of way line of Capital Avenue;
thence continuing s 00° 03’ 30” E , a distance of 237’;
thence s 89° 20’ 09” E, a distance of 248’; thence
N 89° 20’ 09” W along a line parallel to the N line of
the NW ¼ of the NE ¼ of said Section 12 a distance
of 323’ to a point on the W line of the NW ¼ of the
NE ¼ of said Section 12; thence N 00° 03’ 30” W along
the W line of the NW ¼ of the NE ¼ of said Section 12,
a distance of 537’ to the S right of way line of Capital
Avenue; thence continuing N 00° 03’ 30” W, a distance
of 33’ to the point of beginning, containing 2.68 acres,
more or less, all as shown on the plat marked Exhibit “A”,
dated 7-18-95, attached hereto and incorporated herein by
reference.
City of Grand Island Part of NE ¼, NW 1/4 of Section 12-11-10, being $12,902.32
80’x307’ (Moores Creek Drainway)
City of Grand Island Part of SE ¼ of SW ¼, Section 1-11-10, being $12,902.32
80’x307’ (Moores Creek Drainway)
WBP Partnership Part of the E ½ of the NE ¼ of Section 12-11-10 $8,382.48
West of the 6th p.m., Hall County, Nebraska, more particularly
described as follows: Beginning at a point on the Section
ORDINANCE NO. 9351 (Cont.)
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line, said point being 200; S of the NE corner of said
Section 12; running thence W and parallel to the N section
line of said Section 12, a distance of 418’; running thence
S parallel to the E section line of said Section 12, a distance
of 228’; running thence E parallel to the N section line of
said Section 12, a distance of 418’; running thence N on
the section line of said Section 12, a distance of 228’ to
the point of beginning, except for parts deeded in Deeds
recorded as Document No. 83-004647 and Document
No. 84-001480 in the Register of Deeds Office, Hall
County, Nebraska.
TOTAL $732,831.98
SECTION 2. The special tax shall become delinquent as follows: One-tenth of
the total amount shall become delinquent in fifty days; one-tenth in one year; one-tenth in two
years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six
years; one-tenth in seven years; one-tenth in eight years; and one-tenth in nine years respectively,
after the date of such levy; provided, however, the entire amount so assessed and levied against
any lot, tract or parcel of land may be paid within fifty days from the date of this levy without
interest, and the lien of special tax thereby satisfied and released. Each of said installments,
except the first, shall draw interest at the rate of seven percent (7.0%) per annum from the time
of such levy until they shall become delinquent. After the same become delinquent, interest at
the rate of fourteen percent (14.0%) per annum shall be paid thereof, until the same is collected
and paid.
SECTION 3. The treasurer of the City of Grand Island, Nebraska is hereby
directed to collect the amount of said taxes herein set forth as provided by law.
SECTION 4. Such special assessments shall be paid into a fund to be designated
as the “Street Improvement Fund” for Street Improvement District No. 1256.
ORDINANCE NO. 9351 (Cont.)
- 5 -
SECTION 5. Any provision of the Grand Island City Code, and any provision of
any ordinance, or part of ordinance, in conflict herewith is hereby repealed.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: December 20, 2011.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F5
#9352 - Consideration of Vacation of a Utility Easement Located in
Lot 46, Block 1 of Dale Roush 2nd Subdivision (9 Dakota Drive)
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: John Collins, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Terry Brown, Manager of Engineering Services
Meeting: December 20, 2011
Subject: Consideration of Vacation of a Utility Easement Located
in Lot 46, Block 1 of Dale Roush 2nd Subdivision (9
Dakota Drive)
Item #’s: F-5
Presente r(s): John Collins, Public Works Director
Background
A sixteen (16) foot wide utility easement was filed with Hall County on November 28,
1966. The easement does not currently have any utilities within it, nor is there a need
anticipated in the future.
Discussion
The property owner of 9 Dakota Drive has requested that the sixteen (16) foot wide
utility easement on the west end of their property be vacated.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the passing of an ordinance
vacating the utility easement through Lot 46, Block 1 of Dale Roush 2nd Subdivision.
Sample Motion
Move to approve the passing of an ordinance vacating the utility easement through Lot
46, Block 1 of Dale Roush 2nd Subdivision.
Approved as to Form ¤ ___________
December 14, 2011 ¤ City Attorney
This Space Reserved for Register of Deeds
ORDINANCE NO. 9352
An ordinance to vacate an existing utility easement and to provide for filing this
ordinance in the office of the Register of Deeds of Hall County, Nebraska; to repeal any
ordinance or parts of ordinances in conflict herewith, and to provide for publication and the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That the existing utilities easement at 9 Dakota Drive in Grand
Island, Hall County, Nebraska, more particularly described as follows:
A SIXTEEN (16) FOOT WIDE EASEMENT DESCRIBED AS LYING ON THE WEST
SIXTEEN (16) FEET OF LOT 46, BLOCK 1 IN DALE ROUSH SECOND SUBDIVISION,
CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA;
is hereby vacated. Such easement to be vacated is shown and more particularly described on
Exhibit A attached hereto.
SECTION 2. The title to the property vacated by Section 1 of this ordinance shall
revert to the owner or owners of the real estate upon which the easement is located.
SECTION 3. This ordinance is directed to be filed, with the drawing, in the office
of the Register of Deeds of Hall County, Nebraska.
ORDINANCE NO. 9352 (Cont.)
- 2 -
SECTION 3. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: December 20, 2011.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F6
#9353 - Consideration of Vacation of Starwood Avenue from
Cedar Ridge Court East in Oak Pointe Subdivision (R.B.O., L.L.C.
a Nebraska Limited Liability Company)
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: John Collins, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Terry Brown, Manager of Engineering Services
Meeting: December 20, 2011
Subject: Consideration of Vacation of Starwood Avenue from
Cedar Ridge Court East in Oak Pointe Subdivision
(R.B.O., L.L.C. a Nebraska Limited Liability Company)
Item #’s: F-6
Presenter(s): John Collins, Public Works Director
Background
Council action is required for vacation of a public street.
Discussion
R.B.O., L.L.C. is considering redesigning the Oak Pointe Subdivision area and wishes to
vacate the east end of Starwood Avenue.
The vacated portion of Starwood Avenue is on tonight's council agenda for dedication as
a public utility easement.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve or deny.
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the request for the vacation of
Starwood Avenue.
Sample Motion
Move to approve the Ordinance.
Approved as to Form ¤ ___________
December 14, 2011 ¤ City Attorney
ORDINANCE NO. 9353
An ordinance to vacate a portion of the public street between Lot Five (5), Lot Six
(6) and Lot Seven (7), in Oak Pointe Subdivision to Grand Island, Hall County, Nebraska and to
provide for filing this ordinance in the office of the Register of Deeds of Hall County; to repeal
any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That a portion of the public street consisting of a tract of land
comprising that portion of Starwood Avenue lying east of the west line of Lot Five (5), Oak
Pointe Subdivision, if extended, to a point on the north line of Lot Seven (7), Oak Pointe
Subdivision is hereby vacated and more particularly described as follows:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF LOT FIVE (5), OAK
POINTE SUBDIVISION AND THE NORTH RIGHT OF WAY LINE OF STARWOOD
AVENUE; THENCE RUNNING EASTERLY ON THE NORTH RIGHT OF WAY LINE OF
STARWOOD AVENUE, A DISTANCE OF THREE HUNDRED FIFTY NINE AND
SEVENTY FOUR HUNDREDTHS (359.74) FEET, TO A POINT OF CURVATURE;
• THIS SPACE RESERVED FOR REGISTER OF DEEDS •
ORDINANCE NO. 9353 (Cont.)
- 2 -
THENCE RUNNING SOUTHWESTERLY ALONG THE ARC OF A CURVE TO THE
RIGHT WHOSE RADIUS IS FIFTY (50.00) FEET, AN ARC DISTANCE OF TWO
HUNDRED TWENTY FIVE AND FIFTY SIX HUNDREDTHS (225.56) FEET, TO A POINT
ON THE SOUTH RIGHT OF WAY LINE OF STARWOOD AVENUE AND THE NORTH
LINE OF LOT SIX (6), OAK POINTE SUBDIVISION; THENCE RUNNING WESTERLY ON
THE SOUTH RIGHT OF WAY LINE OF STARWOOD AVENEUE, A DISTANCE OF
THREE HUNDRED TEN (310.0) FEET, TO THE POINT OF INTERSECTION OF THE
SOUTH RIGHT OF WAY LINE OF STARWOOD AVENUE AND THE WEST LINE OF LOT
FIVE (5), OAK POINTE SUBDIVISION, IF EXTENDED; THENCE RUNNING
NORTHERLY ON THE EXTENSION OF THE WEST LINE OF LOT FIVE (5), STARWOOD
AVENUE, A DISTANCE OF SIXTY (60.00) FEET, TO THE POINT OF BEGINNING.
Such public street to be vacated is shown and more particularly described on Exhibit A attached
hereto.
SECTION 2. The title to the property vacated by Section 1 of this Ordinance
shall revert to the abutting properties.
SECTION 3. This Ordinance is directed to be filed in the office of the Register of
Deeds of Hall County, Nebraska.
SECTION 4. This ordinance shall be in force and take effect from and after its
passage and publication, without the plat, within fifteen days in one issue of the Grand Island
Independent as provided by law.
Enacted: December 20, 2011
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F7
#9354 - Consideration of Vacation of a Utility Easement Located in
Oak Pointe Subdivision (R.B.O., L.L.C.)
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: John Collins, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Terry Brown, Manager of Engineering Services
Meeting: December 20, 2011
Subject: Consideration of Vacation of a Utility Easement Located in
Oak Pointe Subdivision (R.B.O., L.L.C.)
Item #’s: F-7
Presenter(s): John Collins, Public Works Director
Background
A sixty (60) foot wide utility easement was filed with Hall County on September 14, 2011.
There are no conflicts with utilities.
Discussion
The developer of the Oak Pointe Subdivision has requested that the sixty (60) foot wide
utility easement be vacated to allow for redesign of the development.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the passing of an ordinance
vacating the utility easement in Oak Pointe Subdivision.
Sample Motion
Move to approve the passing of an ordinance vacating the utility easement in Oak Pointe
Subdivision.
Approved as to Form ¤ ___________
December 14, 2011 ¤ City Attorney
This Space Reserved for Register of Deeds
ORDINANCE NO. 9354
An ordinance to vacate an existing utility easement and to provide for filing this
ordinance in the office of the Register of Deeds of Hall County, Nebraska; to repeal any
ordinance or parts of ordinances in conflict herewith, and to provide for publication and the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That the existing utilities easement located in a tract of land
comprising that portion of Oak Pointe Subdivision, more particularly described as follows:
BEGINNING AT A POINT ON THE NORTH RIGHT OF WAY LINE STARWOOD
AVENUE, SAID POINT BEING FIVE (5.0) FEET EAST OF THE SOUTHWEST CORNER
OF LOT FIVE (5), OAK POINTE SUBDIVSION; THENCE RUNNING NORTHERLY
PARALLEL WITH THE WEST LINE OF LOT FIVE (5), OAK POINTE SUBDIVISION, A
DISTANCE OF FIVE (5.0) FEET; THENCE RUNNING EASTERLY PARALLEL WITH THE
NORTH RIGHT OF WAY LINE OF STARWOOD AVENUE, A DISTANCE OF TWO
HUNDRED SEVENTY (270.0) FEET; THENCE RUNNING NORTHERLY PARALLEL
WITH THE EAST LINE OF CEDAR RIDGE COURT, A DISTANCE OF TWO HUNDRED
SEVENTY FOUR AND EIGHTY SEVEN HUNDREDTHS (274.87) FEET; THENCE
RUNNING EASTERLY PARALLEL WITH THE SOUTH LINE OF LOT TWO (2), OAK
POINTE SUBDIVISION, A DISTANCE OF FORTY FIVE (45.0) FEET; THENCE RUNNING
SOUTHERLY PARALLEL WITH THE EAST LINE OF CEDAR RIDGE COURT, A
DISTANCE OF TWO HUNDRED SEVENTY NINE AND EIGHTY SEVEN HUNDREDTHS
(279.87) FEET, TO A POINT ON THE NORTH RIGHT OF WAY LINE OF STARWOOD
AVENUE; THENCE RUNNING EASTERLY ON THE NORTH RIGHT OF WAY LINE OF
ORDINANCE NO. 9354 (Cont.)
- 2 -
STARWOOD AVENUE, A DISTANCE OF FIFTEEN (15.0) FEET; THENCE RUNNING
NORTHERLY PARALLEL WITH THE EAST LINE OF CEDAR RIDGE COURT, A
DISTANCE OF FIVE (5.0) FEET; TEHNCE RUNNING EASTERLY PARALLEL WITH THE
NORTH RIGHT OF WAY LINE OF STARWOOD AVENUE, A DISTANCE OF TWENTY
FOUR AND EIGHT TENTHS (24.8) FEET, TO A POINT OF CURVATURE; THENCE
RUNNING SOUTHEASTERLY ON THE ARC OF A CURVE TO THE RIGHT WHOSE
RADIUS IS FIFTY FIVE (55.0) FEET, AN ARC DISTANCE OF SIXTY THREE AND
SEVENTY FIVE HUNDREDTHS (63.75) FEET; THENCE RUNNING SOUTHERLY
PARALLEL WITH THE EAST LINE OF OAK POINTE SUBDIVISION, A DISTANCE OF
FORTY TWO AND SEVENTY THREE HUNDREDTHS (42.73) FEET, TO A POINT OF
CURVATURE; THENCE RUNNING SOUTHWESTERLY ALONG THE ARC OF A CURVE
TO RIGHT WHOSE RADIUS IS FIFTY FIVE (55.0) FEET, AN ARC DISTANCE OF ONE
HUNDRED THIRTY SIX AND THIRTY SIX HUNDREDTHS (136.36) FEET, TO A POINT
FIVE (5.0) FEET SOUTH OF THE SOUTH RIGHT OF WAY LINE OF STARWOOD
AVENUE; THENCE RUNNING WESTERLY PARALLEL WITH THE SOUTH RIGHT OF
WAY LINE OF STARWOOD AVENUE, A DISTANCE OF THREE HUNDRED ONE (301.0)
FEET; THENCE RUNNING NORTHERLY PARALLEL WITH THE WEST LINE OF LOT
FIVE (5.0), OAK POINTE SUBDIVISION, IF EXTENDED, A DISTANCE OF FIVE (5.0)
FEET, TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF STARWOOD AVENUE;
THENCE RUNNING EASTERLY ON THE SOUTH RIGHT OF WAY LINE OF
STARWOOD AVENUE, A DISTANCE OF THREE HUNDRED FIVE (305.0) FEET, TO A
POINT ON A CURVE; THENCE RUNNING SOUTHWESTERLY ON THE ARC OF A
CURVE TO THE LEFT WHOSE RADIUS IS FIFTY (50.0) FEET, AN ARC DISTANCE OF
TWO HUNDRED TWENTY FIVE AND FIFTY SIX HUNDREDTHS (225.56) FEET, TO A
POINT ON THE NORTH RIGHT OF WAY LINE OF STARWOOD AVENEUE; THENCE
RUNNING WESTERLY ON THE NORFTH RIGHT OF WAY LINE OF STARWWOD
AVENUE, A DISTANCE OF THREE HUNDRED FIFTY FOUR AND SEVENTY FOUR
HUNDREDTHS (354.74) FEET, TO THE POINT OF BEGINNING.
is hereby vacated. Such easement to be vacated is shown and more particularly described on
Exhibit A attached hereto.
SECTION 2. The title to the property vacated by Section 1 of this ordinance shall
revert to the owner or owners of the real estate upon which the easement is located.
SECTION 3. This ordinance is directed to be filed, with the drawing, in the office
of the Register of Deeds of Hall County, Nebraska.
ORDINANCE NO. 9354 (Cont.)
- 3 -
SECTION 3. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: December 20, 2011.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F8
#9355 - Consideration of Conveyance of a Tract of Land Owned by
the City of Grand Island to the State of Nebraska, Department of
Roads for Project 34-4(126)
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: John Collins, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Scott Griepenstroh, Public Works Project Manager
Meeting: December 20, 2011
Subject: Conveyance of a Tract of Land Owned by the City of
Grand Island to the State of Nebraska, Department of
Roads for Project 34-4(126)
Item #’s: F-8
Presenter(s): John Collins, Public Works Director
Background
The State of Nebraska, Department of Roads (NDOR) is planning to improve a portion of
US Highway 34 from US-281 to South Locust Street. The project includes milling of the
existing roadway surface and overlaying with asphalt. US-34 will be widened at the
intersection of Blaine Street to accommodate left turn lanes. The bridge immediately west
of the Blaine Street intersection will be replaced with a concrete box culvert.
Construction is scheduled in 2012.
In order for US-34 to be widened and the new box culvert constructed, 0.03 Acre of
property owned by the City of Grand Island must be acquired by NDOR.
Discussion
In accordance with Article 1, Section 21 of the Constitution of the State of Nebraska, an
appraisal on the property was conducted to determine just compensation. Documentation
of this appraisal was provided to the City of Grand Island in a Project Report. The
appraisal was reviewed by a Certified Review Appraiser, and a Compensation Estimate
was prepared by NDOR.
NDOR’s offer of $1,142.00 is based on the following.
Purchase 0.03 Acre at $20,000.00 per Acre: $600.00
Control of Access: $25.00
Move and Relocate Fencing: $517.00
Notice of this sale shall be published for three consecutive weeks in the Grand Island
Independent to allow a remonstrance to be filed against the conveyance of this real estate.
If no remonstrance is filed against the conveyance, the Mayor is authorized to complete
the conveyance without further Council action.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
Public Works Administration recommends that the Council approve the agreement of the
sale of the property as described in the Warranty Deed to the State of Nebraska,
Department of Roads in the amount of $1,142.00.
Sample Motion
Move to approve the sale of property as described in the Warranty Deed to the State of
Nebraska, Department of Roads.
Approved as to Form ¤ ___________
December 14, 2011 ¤ City Attorney
ORDINANCE NO. 9355
An ordinance directing and authorizing the sale of real estate to the State of
Nebraska, Department of Roads; providing fo r the giving of notice of suc h conveyance and
the terms thereof; providing fo r the right to file a remonstrance agains t suc h conveyance;
providing for publicatio n and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF GRAN D ISLAND, NEBRASKA:
SECTION 1. The City of Grand Island, Nebraska, will conve y to the State of
Nebraska, Department of Roads a tract of land legally described as:
A TRACT OF LAND LOCATED IN PARCELS, LOT 1, ISLAND, IN SE4, OF SEC. 29-
T11N-R9W, HALL COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS:
REFERRING TO THE SOUTHEAST CORNER OF SAID QUARTER SECTION;
THENCE NORTHERLY A DISTANCE OF 117.00 FEET ALONG THE EAST LINE OF
SAID QUARTER SECTION; THENCE WESTERLY DEFLECTING 086 DEGREES, 41
MINUTES, 43 SECONDS LEFT, A DISTANCE OF 30.22 FEET TO A POINT ON THE
NORTHERLY HIGHWAY 34 RIGHT OF WAY LINE TO THE POINT OF BEGINNING;
THENCE WESTERLY DEFLECTING 000 DEGREES, 00 MINUTES, 00 SECONDS A
DISTANCE OF 101 .51 FEET ALONG SAID LINE; THENCE EASTERLY DEFLECTING
161 DEGREES, 45 MINUTES, 15 SECONDS RIGHT, A DISTANCE OF 95.16 FEET TO
A POINT ON THE WESTERLY BLAINE STREET RIGHT OF WAY LINE; THENCE
SOUTHERLY DEFLECTING 087 DEGREES, 44 MINUTES, 43 SECONDS RIGHT, A
DISTANCE OF 31.81 FEET ALONG SAID LINE TO THE POINT OF BEGINNING
CONTAINING 0.03 ACRES, MORE OR LESS.
SECTION 2. In consideration for such conveyance the purchaser shall pay
the City the sum of One thousand, one hundred forty-two and No/100 Dollars ($1,142.00).
Conveyance of the real estate above described shall be by warranty deed, upon payment of
the consideration pursuant to the terms and conditions of an Agreement for Warrant y Deed
between the parties.
ORDINANCE NO. 9355 (Cont.)
- 2 -
SECTION 3. As provided by law, notice of suc h conveyance and the
terms thereof shall be published for three consecutive weeks in the Grand Island
Independent , a newspaper published for general circulation in the City of Grand Island.
Immediately after the passage and publication of this ordinance, the City Clerk is hereby
directed and instructed to prepare and publish said notice.
SECTION 4. Authorit y is hereby granted to the electors of the Cit y of
Grand Island to file a remonstrance against the conveyance of such within described real estate;
and if a remonstrance against such conveyance signed by registered voters of the City of Grand
Island equa l in number to thirty percent of the registered voters of the City of Grand Island
voting at the last regular municipal election held in such City be filed with the City Council
within thirty days of passage and publication of suc h ordinance, said property shall not then,
nor within one year thereafter, be conveyed.
SECTION 5. The conveyance of said real estate is hereby authorized,
directed and confirmed; and if no remonstrance be filed agains t suc h conveyance, the Mayor
shall make, execute and deliver to State of Nebraska, Department of Roads a warranty deed
for said real estate, and the executio n of suc h deed is hereby authorized without further action
on behalf of the City Council.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
ORDINANCE NO. 9355 (Cont.)
- 3 -
Enacted: December 20, 2011.
Jay Vavricek, Mayor
Attest:
RaNae Edwards, City Clerk
Item G1
Approving Minutes of December 6, 2011 City Council Regular
Meeting
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
December 6, 2011
Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of
Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First
Street, on December 6, 2011. Notice of the meeting was given in The Grand Island Independent
on November 30, 2011.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council
members were present: Chuck Haase, Larry Carney, Bob Niemann, Kirk Ramsey, Peg Gilbert,
Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, and John Gericke. Councilmember Randy
Gard was absent. The following City Officials were present: City Administrator Mary Lou
Brown, City Clerk RaNae Ed wards, City Attorney Robert Sivick, Public Works Director John
Collins and Interim Finance Director Jaye Monter.
INVOCATION was given by Jan Vavricek, 2729 Brentwood Blvd. followed by the PLEDGE
OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Vavricek thanked Esther Obermeier for donating the
Community Christmas tree. Mayor introduced Community Youth Council members Dillon Spies
and Alex Baxter and Board member Randy See.
Mayor Vavricek gave the State of the City address. Mentioned were the many challenges facing
the City and changes taking place. The following accomplishments of several continuing projects
were mentioned: annexation; sanitary sewer system improvements; economic growth along
Highway 281 corridor; Lincoln Park Pool, Five Points rejuvenation; Veterans Athletic Complex,
Downtown Quiet Zones; budget; Community Fieldhouse; transportation improvements; North
East Interceptor; and Utility Department uranium and air pollution projects.
Looking forward to 2012 were several items: work to formalize a set of goals, Highway 281
roadsides near the malls, clean neighborhoods, public safety study, LB 840 economic
development program, the Heartland Events Center, city residency for Rainbow Lake home
owners, and the waste water treatment plant.
Councilmember President Gilbert gave the State of the Council address. President Gilbert
commented on 2011 as a year of a new journey. Mentioned were two new councilmember’s,
mayor and city administrator as well as new department directors. She looked forward to the
journey of 2012.
City Administrator Mary Lou Brown updated the Council on the Wastewater Treatment Plant.
Currently they were putting numbers together and would bring this to a Study Session in
January.
Page 2, City Council Regular Meeting, December 6, 2011
SPECIAL ITEMS:
ELECTION OF CITY COUNCIL PRESIDENT: Mayor Vavricek opened the nominations for
Council President. Councilmember Ramsey nominated Councilmember Gilbert.
Motion by Gericke , second by Ramsey, carried unanimously to make the vote a unanimous one for
Councilmember Peg Gilbert as City Council Preside nt for 2012. Upon roll call vote, all voted aye.
Motion adopted.
PUBLIC HEARINGS:
Public Hearing on Request from GIPH Restaurants, LLC dba Pizza Hut, 707 North Diers
Avenue for a Class “A” Liquor License. RaNae Edwards, City Clerk reported that an application
for a Class “A” Liquor License had been received from GIPH Restaurants, LLC dba Pizza Hut,
707 North Diers Avenue. Ms. Edwards presented the following exhibits for the record:
application submitted to the Liquor Control Commission and received by the City on November
16, 2011; notice to the general public of date, time, and place of hearing published on November
26, 2011; notice to the applicant of date, time, and place of hearing mailed on November 16,
2011; along with Chapter 4 of the City Code. Also submitted with the application was a Liquor
Manager designation for Scott Kemery, 4156 Vermont Avenue. Staff recommended approval
contingent upon final inspections for the liquor license and denial of the Liquor Manager
designation based on the Liquor Control Rules and Regulations Section 53-131.01 (d) as
submitted by the Police Report. Dave Staab, 3103 Brentwood Blvd. spoke in support. No further
public testimony was heard.
Public Hearing on Request from GIPH Restaurants, LLC dba Pizza Hut, 1608 South Locust
Street for a Class “A” Liquor License. RaNae Edwards, City Clerk reported that an application
for a Class “A” Liquor License had been received from GIPH Restaurants, LLC dba Pizza Hut,
1608 South Locust Street. Ms. Edwards presented the following exhibits for the record:
application submitted to the Liquor Control Commission and received by the City on November
16, 2011; notice to the general public of date, time, and place of hearing published on November
26, 2011; notice to the applicant of date, time, and place of hearing mailed on November 16,
2011; along with Chapter 4 of the City Code. Also submitted with the application was a Liquor
Manager designation for Scott Kemery, 4156 Vermont Avenue. Staff recommended approval
contingent upon final inspections for the liquor license and denial of the Liquor Manager
designation based on the Liquor Control Rules and Regulations Section 53-131.01 (d) as
submitted by the Police Report. Dave Staab, 3103 Brentwood Blvd. spoke in support. No further
public testimony was heard.
Public Hearing on Acquisition of Utility Easement located at 1010 and 1040 Allen Drive (Batis
Development Company). Utilities Director Tim Luchsinger reported that acquisition of a utility
easement located at 3501 South Blaine Street was needed in order to have access to install,
upgrade, maintain, and repair power appurtenances, including lines and transformers for the
purpose of placing primary electrical conduit, cable and two pad-mounted transformers to
provide power to the new building housing two new businesses. Staff recommended approval.
No public testimony was heard.
Page 3, City Council Regular Meeting, December 6, 2011
ORDINANCES:
Regional Planning Director Chad Nabity reported this was the second reading to annex property
located at 1120 and 1140 South Lincoln.
#9346 – Consideration of Annexation of Property Located at 1120 and 1140 South
Lincoln Avenue (former Aurora Coop Site) (Second Reading)
Motion by Dugan, second by Niemann to approve Ordinance #9346 on second reading. Upon
roll call vote all voted aye. Motion adopted.
Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title
on three different days are suspended and that ordinance numbered:
#9348 – Consideration of Creating Sanitary Sewer Tap District No. 530T; US Highway
281 Sanitary Sewer Extension to Interstate 80
be considered for passage on the same day upon reading by number only and that the City Clerk
be permitted to call out the number of this ordinance on second reading and then upon final
passage and call for a roll call vo te on each reading and then upon final passage.”
Councilmember Dugan second the motion. Upon roll call vote, all voted aye. Motion adopted.
Public Works Director John Collins reported that several meetings had taken place with Council
concerning the request from several businesses along US Highway 281 near the Interstate 80
interchange to extend City sanitary sewer to serve their property. Council action was required to
create a sanitary sewer tap (connection) district for this area.
Motion by Gilbert, second by Donaldson to approve Ordinance #9348.
City Clerk: Ordinance #9348 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #9348 on final passage. All those in favor of the passage of this ordinance
on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9348 is declared to be lawfully adopted upon publication as required by law.
CONSENT AGENDA: Motion by Ramsey, second by Niemann to approve the Consent Agenda.
Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of November 22, 2011 City Council Regular Meeting.
Approving Minutes of November 29, 2011 City Council Study Session.
Approving Appointment of Kris Jerke to the Business Improvement District #8 Board.
Page 4, City Council Regular Meeting, December 6, 2011
Approving Liquor Manager Designation for Robert Real, 609 East 9th Street, Wood River,
Nebraska for United Veterans Club, 1914 West Capital Avenue.
#2011-350 – Approving Utility Easement Located at 1010 and 1040 Allen Drive (Batis
Development Company).
#2011-351 – Approving Bid Award for Water Main Construction in the Parkview Area – Water
Main Districts #457, #459, #460, and #461 with K2 Construction of Lincoln, Nebraska in an
Amount of $897,249.13.
#2011-352 – Approving Bid Award for Low NOx Conversion Burners – Platte Generating
Station with Babcock Power Services, Inc. of Lees Summit, Missouri in an Amount of
$3,251,444.00.
#2011-353 – Approving Amended Subdivision Agreement for Fairway Crossings at Indianhead
Golf Course First Subdivision.
#2011-354 – Approving Change Order No. 1 for Broadwell Avenue Shoulder Improvement –
Capital Avenue to Veteran’s Athletic Fields with J.I.L. Asphalt Paving Co. of Grand Island,
Nebraska for an Increase of $6,506.20 and a Revised Contract Amount of $125,699.90.
#2011-355 – Approving Change Order No. 1 for the St. Joseph Trail Reconstruction – 2011 with
The Diamond Engineering Company of Grand Island, Nebraska for an Increase of $7,242.08 and
a Revised Contract Amount of $176,011.33.
#2011-356 – Approving Certificate of Final Completion for the St. Joseph Trail Reconstruction –
2011 with The Diamond Engineering Company of Grand Island, Nebraska.
#2011-357 – Approving Bid Award for Lift Station No. 7 Repairs; Project No. 2011-S-1 with
Midlands Contracting, inc. of Kearney, Nebraska in an Amount of $310,978.67.
#2011-358 – Approving Agreement with NDOR for US Highway 30 Improvements with the
City’s Share Estimated to be $423,705.00.
#2011-359 – Approving Certificate of Final Completion for Sugar Beet Ditch Piping at Suck’s
Lake; Drainage Project No. 2011-D-3 with The Diamond Engineering Company of Grand Island,
Nebraska.
#2011-360 – Approving State Bid Award for (1) 2012 3/4 Ton Ford F250 4x4 Pickup for the
Solid Waste Division of the Public Works Department with Anderson Ford Lincoln Mercury of
Lincoln, Nebraska in an Amount of $23,346.00.
#2011-361 – Approving Supplemental Agreement No. 4 with Schemmer Associates, Inc. of
Lincoln, Nebraska for Engineering Consulting Services for the Walk to Walnut Project in an
Amount not to exceed $4,920.71 and a Total Consulting Service Cost of $76,230.03.
Page 5, City Council Regular Meeting, December 6, 2011
RESOLUTIONS:
#2011-362 – Consideration of Request from GIPH Restaurants, LLC dba Pizza Hut, 707 North
Diers Avenue for a Class “A” Liquor License and Liquor Manager Designation for Scott
Kemery, 4156 Vermont Avenue. This item related to the aforementioned Public Hearing.
Motion by Gilbert, second by Niemann to approve Resolution #2011-362 contingent upon final
inspections and deny the Liquor Manager request from Scott Kemery, 4156 Vermont Avenue
based on the Police Department Report and Liquor Control Rules and Regulations Section 53-
131.01 (d). Upon roll call vote, all voted aye. Motion adopted.
#2011-363 – Consideration of Request from GIPH Restaurants, LLC dba Pizza Hut, 1608 South
Locust Street for a Class “A” Liquor License and Liquor Manager Designation for Scott
Kemery, 4156 Vermont Avenue. This item related to the aforementioned Public Hearing.
Motion by Gilbert, second by Niemann to approve Resolution #2011-363 contingent upon final
inspections and deny the Liquor Manager request from Scott Kemery, 4156 Vermont Avenue
based on the Police Department Report and Liquor Control Rules and Regulations Section 53-
131.01 (d). Upon roll call vote, all voted aye. Motion adopted.
#2011-364 – Approving Utilities Relocation Agreement with the Burlington Northern Santa Fe
Railroad for Double Track Project. Utilities Director Tim Luchsinger reported that this item was
discussed at the November 29, 2011 Study Session. BNSF were in the process of building a
double track through Grand Island. This agreement would allow BNSF to acquire property from
the City and pay for the relocation of utility easements.
Motion by Carney, second by Niemann to approve Resolution #2011-364. Upon roll call vote, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Dugan, second by Ramsey to approve the Claims for the period of November 23,
2011 through December 6, 2011, for a total amount of $3,465,671.14. Unanimously approved.
ADJOURN TO EXECUTIVE SESSION: Motion by Gilbert, second by Ramsey to adjourn to
Executive Session at 7:45 p.m. for the purpose of a strategy session with respect to pending
litigation. Upon roll call vote, all voted aye. Motion adopted.
RETURN TO REGULAR SESSION: Motion by Dugan, second by Gericke to return to Regular
Session at 8:26 p.m. Upon roll call vote, all voted aye. Motion adopted.
ADJOURNMENT: The meeting was adjourned at 8:26 p.m.
RaNae Edwards
City Clerk
Item G2
Approving Re-Appointments of John Hoggatt and Roger
Bullington to the Grand Island Facilities Corporation Board
The Mayor has submitted the re-appointments of John Hoggatt and Roger Bullington to the
Grand Island Facilities Corporation Board. These appointments would become effective
immediately upon approval by the City Council and would expire on December 1, 2014.
Approval is recommended.
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: Mayor Vavricek
City of Grand Island City Council
Item G3
Approving Re-Appointments to the Electrical Board
The following individuals have expressed their willingness to serve on the City of Grand
Island Electrical Board for the year 2012. Denise Kozel, Master Electrician; Mike Rivera,
Journeyman Electrician; Brady Blauhorn, Utility Department Representative; Terry
Klanecky, General Public Representative; and Craig Lewis, Building Department as Ex-
Officio member. The above recommendations are made in compliance with the Grand Island
City Code. These appointments would become effective January 1, 2012 upon approval by the
City Council and would expire on December 31, 2012.
Approval is recommended.
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: Mayor Vavricek
City of Grand Island City Council
Item G4
Approving Re-Appointments to the Mechanical Examining Board
The following individuals have expressed their willingness to serve on the City of Grand
Island Mechanical Board for the year 2012. Mike McElroy, Master Mechanical; Loren
Peterson, Gas Company Representative; Scott Hilligas, Contracting Mechanical; Mike
Myers, Master Mechanical; Todd Bredthauer, Journeyman Mechanical; Tom O'Neill,
Community Member; and Russ Shaw, Plumbing Inspector for the Building Department. The
above recommendation is made in compliance with the Grand Island City Code and approval
is requested. These appointments would become effective January 1, 2012 upon approval by
the City Council and would expire on December 31, 2012.
Approval is recommended.
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: Mayor Vavricek
City of Grand Island City Council
Item G5
Approving Re-Appointments to the Plumbers Examining Board
The following individuals have expressed their willingness to serve on the City of Grand
Island Plumbing Board for a two year term 2012/2013. Verne Penas and Mike Bailey,
Master Plumbers; Jennifer Herman, General Public Representative, and Craig Lewis and
David Scoggins, Building Department Ex-Officio's. The above recommendation is made in
compliance with the Grand Island City Code and approval is requested. These appointments
would become effective January 1, 2012 upon approval by the City Council and would expire
on December 31, 2013.
Approval is recommended.
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: Mayor Vavricek
City of Grand Island City Council
Item G6
#2011-365 - Approving Final Plat and Subdivision Agreement for
Ponderosa Village Subdivision
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: December 20, 2011
Subject: Ponderosa Village Subdivision – Final Plat
Item #’s: G-6
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This property is located west of US Hwy 281 and south of Rae Road, this final plat
proposes to create 4 lots on a tract of land consisting of part of Outlot B and part of
Outlot C4 of Ponderosa Lake Estates Subdivision, all of Block 4 and all of Block 5 of
Ponderosa Lake Estates Fourth Subdivision and vacated James Road Right of Way as
described in Ordinance number 9093 all located in the southeast Quarter (SE1/4) of
Section Thirty Six (36), Township Eleven (11) North, Range Ten (10) West of the 6th
P.M. in the city of Grand Island in Hall County, Nebraska, said tract containing 4.49
acres.
Discussion
The revised final plat for Ponderosa Village Subdivision was considered by the Regional
Planning Commission at the December 2, 2011 meeting. A motion was made by Ruge
and seconded by Reynolds to approve the plat as presented. A roll call vote was taken
and the motion passed with 8 members present (McCarty, O’Neill, Ruge, Hayes,
Reynolds, Bredthauer, Haskins, Snodgrass) voting in favor no member present
abstaining.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the final plat as presented.
Sample Motion
Move to approve as recommended.
Ponderosa Village Subdivision Summary
Developer/Owner
Husker Retail Group LLC
Roger Bullington, Manager
3730 South 14th Street
Lincoln, NE 68502
(402) 380-2689
Four commercial lots west of U.S. Highway 281 and south of Rae Road.
Size: 4.49 Acres
Zoning B2 General Business Zone
Road Access: Public Streets will be built throughout the subdivision. All proposed
streets are 41’ wide concrete curb and gutter.
Water: City water will be extended throughout the subdivision.
Sewer: City sewer will be extended throughout the subdivision.
Approved as to Form ¤ ___________
December 14, 2011 ¤ City Attorney
R E S O L U T I O N 2011-365
WHEREAS, Husker Retail Development L.L.C., being the owners of the land described
hereon, has caused same to be surveyed, subdivided, platted and designated as PONDEROSA
VILLAGE SUBDIVISION, to be laid out into 4 lots, on a tract of land consisting of part of Outlot B
and part of Outlot C4 of Ponderosa Lake Estates Subdivision, all of Block 4 and all of Block 5 of
Ponderosa Lake Estates Fourth Subdivision and vacated James Road Right of Way as described in
Ordinance Number 9093 all located in the Southeast Quarter (SE1/4) of Section Thirty Six (36),
Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in the city of Grand Island in Hall
County, Nebraska, said tract containing 4.49, and has caused a plat thereof to be acknowledged by it;
and
WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of
Education of the various school districts in Grand Island, Hall County, Nebraska, as required by
Section 19-923, R.R.S. 1943; and
WHEREAS, a form of subdivision agreement has been agreed to between the owner of
the property and the City of Grand Island.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore
described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf
of the City of Grand Island.
BE IT FURTHER RESOLVED that the final plat of PONDEROSA VILLAGE
SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the
City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and
acceptance of such plat by the City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 20, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G7
#2011-366 - Approving Acquisition of Utility Easement - West of
Locust Street, and North of Schimmer Drive - Hooker Brothers
Sand & Gravel
This item relates to the aforementioned Public Hearing item E-2.
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: Tim Luchsinger
City of Grand Island City Council
Approved as to Form ¤ ___________
December 14, 2011 ¤ City Attorney
R E S O L U T I O N 2011-366
WHEREAS, a public utility easement is required by the City of Grand Island, from Hooker
Brothers Sand and Gravel, Inc., to survey, construct, inspect, maintain, repair, replace, relocate, extend,
remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and;
WHEREAS, a public hearing was held on December 20, 2011, for the purpose of discussing
the proposed acquisition of an easement located in Hall County, Nebraska; and more particularly described as
follows:
Commencing at the southeast corner of the Southeast Quarter (SE1/4) Section Thirty Three
(33), Township Eleven (11) North, Range Nine (9) West; thence northerly along the easterly
line of said Southeast Quarter (SE1/4), a distance of one thousand five hundred thirty eight
and thirty one hundredths(1,538.31) feet; thence deflecting left 88°35’01” and running
westerly along the centerline of an existing easement described in Document 200000822
recorded in the Register of Deeds Office, Hall County, Nebraska, a distance of two hundred
forty four and thirty hundredths (244.30) feet to the ACTUAL Point of Beginning; thence
deflecting left 30°31’03” and running southwesterly, a distance of one hundred thirty (130.0)
feet to the point of termination.
The above-described easement and right-of-way containing 0.060 acres, more or less, as
shown on the plat dated 11/30/2011, marked Exhibit "A", attached hereto and incorporated
herein by reference,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to
acquire a public utility easement from Hooker Brothers Sand and Gravel, Inc., on the above-described tract of
land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 20, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G8
#2011-367 - Approving Acquisition of Utility Easement - 1404 West
2nd Street - Casey's Retail Company
This item relates to the aforementioned Public Hearing item E-3.
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: Tim Luchsinger
City of Grand Island City Council
Approved as to Form ¤ ___________
December 14, 2011 ¤ City Attorney
R E S O L U T I O N 2011-367
WHEREAS, a public utility easement is required by the City of Grand Island, from Casey’s
Retail Company, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and
operate thereon, public utilities and appurtenances, including lines and transformers; and;
WHEREAS, a public hearing was held on December 20, 2011, for the purpose of
discussing the proposed acquisition of an easement located in Hall County, Nebraska; and more particularly
described as follows:
The northerly twenty (20.0) foot of the westerly twenty (20.0) foot of the easterly forty six
(46.0) feet of Lot Six (6), Block Ten (10), Kernohan and Decker’s Addition to the City of
Grand Island, Hall County, Nebraska.
The above-described easement and right-of-way containing a total of400 square feet, more
or less, as shown on the plat dated 12/5/2011, marked Exhibit "A", attached hereto and
incorporated herein by reference,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is,
authorized to acquire a public utility easement from Casey’s Retail Company, on the above-described tract
of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 20, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G9
#2011-368 - Approving Award of Safety Glass Contract for
Utilities, Public Works, and Parks Employees for 2012 - 2014
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: Tim Luchsinger
City of Grand Island City Council
Council Agenda Memo
From: Timothy Luchsinger, Utilities Director
John Collins, Public Works Director
Steve Paustian, Parks Director
Jason Eley, Asst. City Attorney/Purchasing
Meeting: December 20, 2011
Subject: Award of Safety Glass Contract for the Parks &
Recreation, Public Works, and Utilities Departments for
2012 - 2013
Item #’s: G-9
Presenter(s): Timothy Luchsinger, Utilities Director
Background
As part of personal protective equipment furnished by the City to its employees, the City
periodically enters into an agreement with a local provider for safety glasses for those
employees needing corrective lenses. Costs for eyewear prescriptions and options other
than the base selection are at the expense of the employee. Requests for quotes were
solicited for safety glass services for the Utilities, Public Works, and Parks & Recreation
Departments for 2012 and 2013. Quotes were accepted until 5:00 p.m. on Tuesday,
November 22, 2011.
Discussion
Documents were mailed to ten vendors, and advertised in the Grand Island Independent
on November 4, 2011. Four quotes were returned by the deadline:
Shopko Eyecare Center, Grand Island, NE
Eyecare Professionals/Grand Island Optical, Grand Island, NE
Pearle Vision Center, Grand Island, NE
Essilor Laboratories, Lincoln, NE
Quotes were reviewed by the Parks, Public Works, and Utilities Departments, and it was
determined that Eyecare Professionals/Grand Island Optical, of Grand Island offered the
best overall pricing. Hours of services and quality of items were also a consideration in
the determination.
Pearle Vision Center’s prices were higher on both frames and other services. Shopko
offered a very limited amount of frames, and did not offer the Titmus frames that were
requested in the specifications. Essilor Laboratories did not have a site in Grand Island,
which was a requirement in the specifications.
Eyecare Professionals/Grand Island Optical has furnished safety glasses for City
employees in the past, and their performance and product me t expectations.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the two year contract for
Safety Glasses for the Utilities, Public Works, and Parks and Recreation Departments, to
Eyecare Professionals/Grand Island Optical, of Grand Island, Nebraska.
Sample Motion
Move to approve the two year contract (2012 & 2013) for Safety Glasses to Eyecare
Professionals/Grand Island Optical, of Grand Island, Nebraska.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Jason Eley, Purchasing Agent
Working Together for a
Better Tomorrow, Today
QUOTE REQUEST
FOR
SAFETY GLASSES AND SERVICE
RFP DUE DATE: November 22, 2011 at 5:00 p.m.
DEPARTMENT: Utilities, Public Works & Parks & Recreation
PUBLICATION DATE: November 4, 2011
NO. POTENTIAL BIDDERS: 10
SUMMARY OF PROPOSALS RECEIVED
Shopko Eyecare Center Eyecare Professionals/Grand Island Optical
Grand Island, NE Grand Island, NE
Essilor Laboratories Pearle Vision
Plymouth, MN Lincoln, NE
cc: Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist.
Mary Lou Brown, City Administrator John Collins, Public Works Director
Jason Eley, Purchasing Agent Steve Paustian, Parks & Rec. Director
P1521
Approved as to Form ¤ ___________
December 14, 2011 ¤ City Attorney
R E S O L U T I O N 2011-368
WHEREAS, the City of Grand Island invited quotes for Safety Glasses and Service for the
Utilities, Public Works and Parks and Recreation Departments, according to the City’s Request for Quotes
on file with the Utilities Administration Office; and
WHEREAS, quotes were due on November 22, 2011; and
WHEREAS, Eyecare Professionals/Grand Island Optical, of Grand Island, Nebraska,
submitted a quote in accordance with the terms of the advertisement for quotes and all other statutory
requirements contained therein.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the quote of Eyecare Professionals/Grand Island
Optical, of Grand Island, Nebraska, for safety glasses and service for the Utilities, Public Works and Parks
and Recreation Departments for the years 2012 and 2013 for the amounts set out in its quote is hereby
approved as the best quote received.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 20, 2011.
_______________________________________
Jaye Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G10
#2011-369 - Approving Employee Uniform Contract for Utilities
and Public Works Departments
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: Tim Luchsinger
City of Grand Island City Council
Council Agenda Memo
From: Timothy Luchsinger, Utilities Director
John Collins, Public Works Director
Jason Eley, Assistant City Attorney/Purchasing
Meeting: December 20, 2011
Subject: Uniform Rental Utilities/Public Works Employees
Item #’s: G-10
Presenter(s): Timothy Luchsinger, Utilities Director
Background
Several divisions within the Utilities and Public Works Department utilize a rental
agreement in order to provide standard uniforms for their employees. The Union
Contracts require the employees to pay 40% of the cost and the City 60%. Not all
employees take advantage of the uniforms so the total numbers change from time to time.
The current agreement is with Paramount Linen and Uniform which has been in place
since January 2008. The agreement was for one year, with multiple optional extensions,
which have expired, therefore, specifications for a new agreement were issued for bid.
The Utilities Department included specifications for FR (flame-resistant) rental uniforms
with a minimum rating HRC2 (8cal/cm2). Over 50 Utility employees will be required to
wear FR attire no later than October 1, 2012. Utility employees can opt to rent FR
uniforms or purchase with the same cost sharing percentage.
Discussion
Bid documents were advertised in accordance with the City Purchasing Code. All bidders
were given the number of uniforms detailed by each employee’s current usage so all
bidders had the same information to base their bids. Unit prices were requested as part of
the bid package to be used as new employees are hired or changes are made to employee
needs. Bids were publicly opened on Wednesday, November 23, 2011. Four bids were
received and evaluated by the Utilities and Public Works Departments. Bids were
received from Aramark Uniform Services, Lincoln, NE; Paramount Linen and Uniform,
Kearney, NE; Jackson Services, Inc., Columbus, NE; Village Uniform and Linen
Services, Minden, NE. The low bid was received from Paramount Linen and Uniform.
BI-WEEKLY USAGE EXAMPLES
JACKSON PARAMOUNT
Shirt, Industrial Solid SS, Denim Pant, Panel Jacket $ 8.20 $ 7.40
Employee Cost $ 3.28 $ 2.96
City Cost $ 4.92 $ 4.44
HRC2 Shirt Industrial Solid LS, HRC2 Denim Pant, HRC2 Jacket
w/zip-in liner $ 18.00 $ 16.00
Employee Cost $ 7.20 $ 6.40
City Cost $ 10.80 $ 9.60
The Bid Specifications state a one year contract with the option to renew for two
additional one year periods. Aramark Uniform Services cannot supply FR uniforms until
October 2012 and require a three year contract period for FR uniforms; both are
exceptions to the Bid. Village Uniform and Linen Services did not include information
regarding accommodating the FR uniform requirement as of October 1, 2012, which is an
exception to the Bid.
The total amount currently being spent for uniform rental/linen service by all departments
is approximately $21,000 per year, with employees paying their 40% share of the
uniform rental cost through payroll deduction. Due to the addition of FR uniform rental
or purchase requirements, it is difficult to anticipate the amount necessary to cover the
Uniform Rental Agreement for the upcoming year, but it is estimated not to exceed
$30,000.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council accept the lowest bid for uniform
rental from Paramount Linen and Uniform, Kearney, NE.
Sample Motion
Move to approve the award of the bid for Uniform Rental Services to Paramount Linen
and Uniform.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Wes Nespor, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: November 23, 2011 at 2:00 p.m.
FOR: Uniform Rental
DEPARTMENT: Utilities & Public Works
ESTIMATE: $22,000.00
FUND/ACCOUNT: Electric 52081295-92600
Water 52590600-70300
Streets 10033501-85140
WWTP 53030001-85160
Shop 61010001-85140
Solid Waste 50530041-85140
PUBLICATION DATE: November 8, 2011
NO. POTENTIAL BIDDERS: 6
SUMMARY
Bidder: Jackson Services, Inc. Village Uniform Aramark
Uniform Services
Paramount
Uniform
Columbus, NE Kearney, NE Lincoln, NE Kearney, NE
Exceptions: None None Noted None
Brand of Uniform: Red Kap Red Kap Aramark/Westex Red
Kap/Bulwark
Bid Price: One (1) year contract
a. Shirt, Industrial Stripe or equal; long sleeve $.39 .58 .35 .37
b. Shirt, Industrial Stripe or equal; short sleeve .39 .51 .35 .37
c. Shirt, Industrial Solid or equal; long sleeve .38 .43 .35 .37
d. Shirt, Industrial Solid or equal; short sleeve .38 .35 .35 .37
e. Shirt, Denim (Wrangler, Red Kap) or equal .44 .70 .40 .37
f. Pant, Industrial Work or equal .38 .53 .35 .37
g. Shirt, Uniform Long sleeve, HRC2 (8cal/cm²) .90 1.44 .80 .80
h. Pant, Denim – HRC2 (8cal/cm²) .90 1.37 .80 .80
i. Pant, Industrial Work Pant – HRC2 (8cal/cm²) .90 1.44 .80 .80
Jacket; with inventory of 11 pants and shirts:
j. Panel Jacket or equal .00 .30 N/C N/C
k. Team Jacket Zip-In/Zip-Out Liner or equal .00 .00 N/C N/C
l. Jacket Zip-in/Zip-Out Liner HRC2 (8cal/cm²) .50 .40 2.90 N/C
Jacket; with less-than inventory of 11 pants and
shirts:
m. Panel Jacket or equal .00 .30 N/C N/C
n. Team Jacket Zip-In/Zip-Out Liner or equal .00 .00 N/C N/C
o. Zip-in/Zip-out Jacket HRC2 (8cal/cm²) .00 .40 2.90 N/C
p. Coveralls, or Bibs with inventory of 11 pants &
shirts
1.00 – Bibs 1.00 1.87 .70 - Bibs
Purchase only
.80 – Bibs .80
q. Coveralls, or Bibs, HRC2 (8cal/cm²); with 1.00 – Bibs 1.00 1.46 – Bibs 1.38 1.50 - Bibs 4.00 – Bibs
inventory of 11 pants & shirts Purchase only 4.00
Bidder: Jackson Services, Inc. Village Uniform Aramark
Uniform Services
Paramount
Uniform
Columbus, NE Kearney, NE Lincoln, NE Kearney, NE
r. Coveralls, or Bibs rented in winter months only-
with inventory of 11 pants & shirts
.80 – Bibs .80 .00 Purchase only .80 – Bibs .80
s. Coveralls, or Bibs, HRC2 (8cal/cm²); rented in
winter months only; with inventory of 11 pants &
shirts
1.00 – Bibs 1.00 .00 Purchase only 4.00 – Bibs
4.00
t. Coveralls, or Bibs, rented in winter months only;
with less than inventory of 11 pants & shirts
.80 – Bibs .80 .00 Purchase only .80 – Bibs .80
u. Coveralls, or Bibs, HRC2 (8cal/cm²); rented in
winter months only; with less than inventory of 11
pants & shirts
1.00 – Bibs 1.00 .00 Purchase only 4.00 – Bibs
4.00
v. Short/long sleeve option – per shirt in addition to
individual shirt costs above
.00 .30 .08 .15
w. Pre/Set charge per item .00 .30 N/C N/C
x. Any other applicable cost not shown elsewhere in
your bid (all applicable pricing must be included in
the bid)
.00 .00 No None
y. Emblem for Public Works Department
designation; one-time cost each emblem (not to be
charged weekly)
.00 .70 N/C N/C
z. emblem for Public Works employee name
designation; one-time cost each emblem (not to be
charged weekly)
.00 .30 N/C N/C
cc: Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director
John Collins, Public Works Director Pat Gericke, Utilities Admin. Assist.
Catrina DeLosh, PW Admin. Assist. Jason Ely, Purchasing Agent
Martha Morris, Utilities Secretary Mary Lou Brown, City Administrator
P1524
Approved as to Form ¤ ___________
December 14, 2011 ¤ City Attorney
R E S O L U T I O N 2011-369
WHEREAS, the City of Grand Island invited sealed bids for uniform rental, according to
plans and specifications on file with the Utilities Department and Public Works Department; and
WHEREAS, on November 23, 2011, bids were received, opened and reviewed; and
WHEREAS, Paramount Linen and Uniform of Kearney, Nebraska, submitted a bid in
accordance with the terms of the advertisement of bids and plans and specifications and all other statutory
requirements contained therein.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Paramount Linen and Uniform of
Kearney, Nebraska, for uniform rental services is hereby approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 20, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G11
#2011-370 - Approving Bid Award for Cul-de-sac Snow Removal
Operations for the 2011/2012 Winter Season (Streets Division of
the Public Works Department)
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: John Collins, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Shannon Callahan, Streets Superintendent
Meeting: December 20, 2011
Subject: Approving Bid Award for Cul-de-sac Snow Removal
Operations for the 2011/2012 Winter Season (Streets
Division of the Public Works Department)
Item #’s: G-11
Presenter(s): John Collins, Public Works Director
Background
On November 30, 2011 the Streets Division of the Public Works Department advertised
for bids for Cul-de-sac Snow Removal Operations for the 2011/2012 winter season
including equipment and labor.
Discussion
One (1) bid was received and opened on December 13, 2011. The sole bid was submitted
by The Diamond Engineering Company of Grand Island, Nebraska. The Streets Division
of the Public Works Department and the Purchasing Division of the City Attorney’s
Office reviewed the bid that was received. The bid is shown below.
Bidder Exceptions Total Bid
The Diamond Engineering Co.
Grand Island, NE
None *3/4 Ton Pickup w/ Front-end Blade = NO BID
*CAT Motor Patrol & Front End Loaders = $165.00/hr.
*10 yard dump = $125.00/hr.
*16 yard side dump = $145.00/hr.
There are sufficient funds in Account No. 10033502-85312 for these services.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve awarding the contract for Cul-
de-sac snow removal operations to The Diamond Engineering Company, of Grand Island,
Nebraska.
Sample Motion
Move to approve awarding contract to The Diamond Engineering Company.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Jason Eley, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: December 13, 2011 at 2:00 p.m.
FOR: Cul-de-sac Snow Removal Operations
DEPARTMENT: Public Works
ESTIMATE: No Estimate
FUND/ACCOUNT: 10033502-85312
PUBLICATION DATE: November 30, 2011
NO. POTENTIAL BIDDERS: 1
SUMMARY
Bidder: Diamond Engineering co.
Grand Island, NE
Exceptions: None
Bid Price:
¾ Ton Pick-up w/ Front-end Blade: No bid
CAT Motor Patrol & Font End Loaders $165.00 per hour each
10 – Yard Dumps $125.00 per hour each
16 Yard Side Dumps $145.00 per house each
cc: John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist.
Jason Eley, Purchasing Agent Shannon Callahan, Street Supt.
Mary Lou Brown, City Administrator
P1526
Approved as to Form ¤ ___________
December 15, 2011 ¤ City Attorney
R E S O L U T I O N 2011-370
WHEREAS, the City of Grand Island invited sealed bids for Cul-de-sac Snow Removal
Operations, according to specifications on file in the office of the Public Works Department; and
WHEREAS, on December 13, 2011, one bid was received, opened and reviewed; and
WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska, submitted a
bid in accordance with terms of the advertisement of the specifications and all other statutory requirements
contained therein, such bid being as follows:
Cost Per Hour
¾ Ton Pickup w/ Front-end Blade NO BID
CAT Motor Patrol & Front End Loaders $165.00 per hour
10 yard dump $125.00 per hour
16 yard side dump $145.00 per hour
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Company of
Grand Island, Nebraska for cul-de-sac snow removal operations in the amounts identified above is hereby
approved as the lowest responsible bid submitted.
BE IT FURTHER RESOLVED, that a contract between the City and such contractor for
such cul-de-sac snow removal operations be entered into, and the Mayor is hereby authorized and directed
to execute such contract on behalf of the City Of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 20, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G12
#2011-371 - Approving Acquisition of Public Utility Easement in
Oak Pointe Subdivision (R.B.O., L.L.C.)
This item relates to the aforementioned Public Hearing item E-5.
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: John Collins, Public Works Director
City of Grand Island City Council
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PUBLIC UTILITIES EASEMENT
R.B.O., L.L.C., a Nebraska Limited Liability Company, herein called the Grantor, in consideration
of ONE DOLLAR ($1.00) and other consideration, receipt of which is hereby acknowledged, hereby
grants and conveys unto the
CITY OF GRAND ISLAND, NEBRASKA,
a municipal corporation in Hall County, State of Nebraska, herein called the Grantee, a permanent and
perpetual easement and right-of-way to construct, operate, maintain, extend, repair, replace, and remove
public utilities, including but not limited to, sanitary sewers, storm sewers, water mains, electric utility poles,
overhead and underground power lines, manholes, pipelines, surface markers, and other appurtenances,
upon, over, along, across, in, underneath and through a tract of land comprising a part of Oak Pointe
Subdivision, in the City of Grand Island, Hall County, Nebraska, more particularly described as follows:
BEGINNING AT THE SOUTHWEST CORNER OF LOT FIVE (5), OAK POINTE SUBDIVISION;
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THENCE RUNNING EASTERLY ON THE SOUTH LINE OF LOT FIVE (5), OAK POINTE
SUBDIVISION, A DISTANCE OF THREE HUNDRED THIRTY FIVE (335.0) FEET; THENCE
RUNNING NORTHERLY PARALLEL WITH THE EAST LINE OF CEDAR RIDGE COURT, A
DISTANCE OF THREE HUNDRED THIRTY NINE AND EIGHTY SEVEN HUNDREDTHS
(339.87) FEET, TO A POINT ON THE SOUTH LINE OF LOT TWO (2), OAK POINTE
SUBDIVISION; THENCE RUNNING EASTERLY ON THE SOUTH LINE OF LOT TWO (2), OAK
POINTE SUBDIVISION, A DISTANCE OF TWENTY FIVE (25.0) FEET; THENCE RUNNING
SOUTHERLY PARALLEL WITH THE EAST LINE OF CEDAR RIDGE COURT, A DISTANCE OF
THREE HUNDRED EIGHTY NINE AND EIGHTY SEVEN HUNDREDTHS (389.87) FEET;
THENCE RUNNING WESTERLY PARALLEL WITH THE NORTH LINE OF LOT FIVE (5), OAK
POINTE SUBDIVISION, A DISTANCE OF FIFTEEN AND SIX TENTHS (15.6) FEET; THENCE
RUNNING SOUTHEASTERLY PARALLEL WITH THE NORTHEASTERLY LINE OF LOT SIX
(6), OAK POINTE SUBDIVISION, IF EXTENDED, A DISTANCE OF SIXTY THREE AND
EIGHTY THREE HUNDREDTHS (63.83) FEET, TO A POINT ON A CURVE, THENCE RUNNING
SOUTHWESTERLY ON THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS IS FIFTY
FIVE (55.0) FEET; AN ARC DISTANCE OF TWENTY ONE AND EIGHTY THREE
HUNDREDTHS (21.83) FEET; THENCE RUNNING NORTHWESTERLY PARALLEL WITH THE
NORTHEASTERLY LINE OF LOT SIX (6), OAK POINTE SUBDIVISION, IF EXTENDED, A
DISTANCE OF SEVENTY THREE AND SEVENTY HUNDREDTHS (73.70) FEET; THENCE
RUNNING WESTERLY PARALLEL WITH THE SOUTH LINE OF LOT FIVE (5), OAK POINTE
SUBDIVISION, A DISTANCE OF TWO HUNDRED FORTY SEVEN AND THIRTY THREE
HUNDREDTHS (247.33) FEET; THENCE RUNNING SOUTHWESTERLY A DISTANCE OF
SIXTY FIVE AND SIXTY FOUR HUNDREDTHS (65.64) FEET, TO A POINT ON THE NORTH
LINE OF LOT SEVEN (7), OAK POINTE SUBDIVISION, THENCE RUNNING WESTERLY ON
THE NORTH LINE OF LOT SEVEN (7), OAK POINTE SUBDIVISION, A DISTANCE OF FIVE
(5.0) FEET; THENCE RUNNING NORTHERLY ON THE WEST LINE OF LOT FIVE (5), OAK
POINTE SUBDIVISION, IF EXTENDED, A DISTANCE OF SIXTY (60.0) FEET, TO THE POINT
OF BEGINNING, SAID TRACT CONTAINING 0.649 ACRES MORE OR LESS.
together with the following rights, namely, unrestricted ingress and egress under, over, and across such land
for the purpose of exercising the rights herein granted, to excavate and refill ditches and trenches, and the
right to clear and keep clear of trees, roots, brush, hedges, undergrowth, and other obstructions from the
surface of such tracts interfering with the location, construction, inspection, repair, replacement, removal,
and maintenance of such utilities. Any such utilities and appurtenances placed upon, over, and under such
tracts of land shall remain the property of the Grantee and may be removed or replaced at any time.
- 3 -
The Grantors, for themselves, their heirs, executors, administrators, successors, and assigns, hereby
covenant that no buildings, fences, or structures shall be erected or permitted on said tract and that the
easement herein granted shall run with the title to such tract of land and be binding upon the Grantors, their
successors and assigns.
DATED: ________________, 2011
GRANTOR:
R.B.O., L.L.C.,
A Nebraska Limited Liability Company
BY_____________________________________
Ryan B. O’Connor, Managing Member
STATE OF NEBRASKA )
) ss
COUNTY OF HALL )
On this day of ________________, 2011, before me, the undersigned, a Notary Public in and for said
County and State, personally appeared RYAN B. O’CONNOR, MANAGING MEMBER, to me known to be the identical
person who signed the foregoing Public Utilities Easement and acknowledges the execution thereof to be his voluntary act
and deed for the purpose therein expressed.
WITNESS my hand and Notarial Seal the date above written.
_______________________________________
Notary Public
Approved as to Form ¤ ___________
December 14, 2011 ¤ City Attorney
R E S O L U T I O N 2011-371
WHEREAS, a public utility easement is required by the City of Grand Island, from R.B.O.,
L.L.C., in the Oak Pointe Subdivision, Hall County, Nebraska and more particularly described as follows:
A TRACT OF LAND COMPRISING A PART OF OAK POINTE SUBDIVISION, IN THE CITY
OF GRAND ISLAND, HALL COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT FIVE (5), OAK POINTE SUBDIVISION;
THENCE RUNNING EASTERLY ON THE SOUTH LINE OF LOT FIVE (5), OAK POINTE
SUBDIVISION, A DISTANCE OF THREE HUNDRED THIRTY FIVE (335.0) FEET; THENCE
RUNNING NORTHERLY PARALLEL WITH THE EAST LINE OF CEDAR RIDGE COURT, A
DISTANCE OF THREE HUNDRED THIRTY NINE AND EIGHTY SEVEN HUNDREDTHS
(339.87) FEET, TO A POINT ON THE SOUTH LINE OF LOT TWO (2), OAK POINTE
SUBDIVISION; THENCE RUNNING EASTERLY ON THE SOUTH LINE OF LOT TWO (2), OAK
POINTE SUBDIVISION, A DISTANCE OF TWENTY FIVE (25.0) FEET; THENCE RUNNING
SOUTHERLY PARALLEL WITH THE EAST LINE OF CEDAR RIDGE COURT, A DISTANCE OF
THREE HUNDRED EIGHTY NINE AND EIGHTY SEVEN HUNDREDTHS (389.87) FEET;
THENCE RUNNING WESTERLY PARALLEL WITH THE NORTH LINE OF LOT FIVE (5), OAK
POINTE SUBDIVISION, A DISTANCE OF FIFTEEN AND SIX TENTHS (15.6) FEET; THENCE
RUNNING SOUTHEASTERLY PARALLEL WITH THE NORTHEASTERLY LINE OF LOT SIX
(6), OAK POINTE SUBDIVISION, IF EXTENDED, A DISTANCE OF SIXTY THREE AND
EIGHTY THREE HUNDREDTHS (63.83) FEET, TO A POINT ON A CURVE, THENCE RUNNING
SOUTHWESTERLY ON THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS IS FIFTY
FIVE (55.0) FEET; AN ARC DISTANCE OF TWENTY ONE AND EIGHTY THREE
HUNDREDTHS (21.83) FEET; THENCE RUNNING NORTHWESTERLY PARALLEL WITH THE
NORTHEASTERLY LINE OF LOT SIX (6), OAK POINTE SUBDIVISION, IF EXTENDED, A
DISTANCE OF SEVENTY THREE AND SEVENTY HUNDREDTHS (73.70) FEET; THENCE
RUNNING WESTERLY PARALLEL WITH THE SOUTH LINE OF LOT FIVE (5), OAK POINTE
SUBDIVISION, A DISTANCE OF TWO HUNDRED FORTY SEVEN AND THIRTY THREE
HUNDREDTHS (247.33) FEET; THENCE RUNNING SOUTHWESTERLY A DISTANCE OF
SIXTY FIVE AND SIXTY FOUR HUNDREDTHS (65.64) FEET, TO A POINT ON THE NORTH
LINE OF LOT SEVEN (7), OAK POINTE SUBDIVISION, THENCE RUNNING WESTERLY ON
THE NORTH LINE OF LOT SEVEN (7), OAK POINTE SUBDIVISION, A DISTANCE OF FIVE
(5.0) FEET; THENCE RUNNING NORTHERLY ON THE WEST LINE OF LOT FIVE (5), OAK
POINTE SUBDIVISION, IF EXTENDED, A DISTANCE OF SIXTY (60.0) FEET, TO THE POINT
OF BEGINNING, SAID TRACT CONTAINING 0.649 ACRES MORE OR LESS.
WHEREAS, an Agreement for the public utility easement has been reviewed and approved
by the City Legal Department.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
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THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is,
authorized to enter into the Agreement for the public utility Easement on the above described tract of land.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such agreements on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 20, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G13
#2011-372 - Approving Change Order No. 2 for Broadwell Avenue
Shoulder Improvement - Capital Avenue to Veteran’s Athletic
Fields
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: John Collins, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Scott Griepenstroh, PW Project Manager
Meeting: December 20, 2011
Subject: Approving Change Order No. 2 for Broadwell Avenue
Shoulder Improvement - Capital Avenue to Veteran’s
Athletic Fields
Item #’s: G-13
Presenter(s): John Collins, Public Works Director
Background
J.I.L. Asphalt Paving Co., of Grand Island, Nebraska was awarded an $119,193.70
contract by the City Council on October 11, 2011 for the Broadwell Avenue Shoulder
Improvement project. The estimate for the project was $180,000.
This project consisted of placing 6’ wide asphalt shoulders on the east and west sides of
Broadwell Avenue from the intersection of Capital Avenue north to the Veteran’s
Athletic Field Complex entrance.
Public Works is currently working with Burlington Northern Railroad (BNRR) officials
to provide railroad crossing panels wide enough to accommodate surfaced shoulders
through the Broadwell Avenue/BNRR crossing. The crossing panels and surfaced
shoulders on BNRR right of way will not be constructed until this crossing is
reconstructed under their Double Track project.
On December 6, 2011, the City Council approved Change Order No. 1 in the amount of
$6,506.20, for work related to placement of asphalt concrete to overlay driveways north
of Roberts Driveway on the east side of Broadwell Avenue.
Discussion
When Broadwell Avenue was last resurfaced in 2004, the top 2” layer of asphaltic
concrete had been placed too wide and slightly over the east existing turf shoulder from
Capital Avenue to the BNRR. In order to provide a stable, vertical edge to match the new
paved shoulder to, City forces used a diamond saw to cut a straight, vertical edge
approximately 4” from the edge of the existing roadway edge. The Grading Contractor
was directed to remove, haul and dispose of the excess pavement.
There was an existing paved shoulder on the east side of Broadwell from BNRR to the
entrance to McCain Foods. This paved shoulder was less than 4” thick and in poor
condition. The Grading Contractor was directed to remove, haul and dispose of this
shoulder pavement.
The items “Rental of Loader, Fully Operated” and “Rental of Dump Truck, Fully
Operated” are being added to the contract to provide compensation for removal, hauling
and disposing of roadway material as directed. The agreed unit prices for “Rental of
Loader, Fully Operated” and “Rental of Dump Truck, Fully Operated” are based on the
July 1, 2010 through June 30, 2011 Average Unit Prices from Nebraska Department of
Roads awarded projects for the same items.
There are locations on the south and north corners of the Highway 2 intersection on the
west side of Broadwell Avenue where concentrated run-off flows have caused erosion in
the past. In order to reduce erosion of the newly graded and seeded shoulder slopes at
these locations, the Grading Contractor was directed to place erosion control blanket.
The item “Erosion Control” is being added to provide compensation for providing and
placing erosion control blanket as directed. The agreed unit price for “Erosion Control”
compares favorably to the contract unit price for the same item on the Nebraska
Department of Roads project STPD-30-5(130), Chapman to Central City, a project with a
similar small quantity.
The cost for this additional work is $1,243.77. There are adequate funds in the line item
budget (Account No. 10033506-85354) for this project.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve Change Order No. 2 for the
Broadwell Avenue Shoulder Improvement project.
Sample Motion
Move to approve the resolution.
City of Grand Island CHANGE ORDER NUMBER 2
100 East 1st Street
Grand Island, Nebraska 68801 Date of Issuance: December 20, 2011
PROJECT: Broadwell Avenue Shoulder Improvement – Capital Avenue to Veteran’s Athletic Fields Entrance
CONTRACTOR: J.I.L. Asphalt Paving Co.
CONTRACT DATE: October 11, 2011
Quantity Unit Price Total Price
1. Rental of Loader, Fully Operated 5 HR $86.22/HR $431.10
2. Rental of Dump Truck, Fully Operated 6 HR $69.41/HR $416.46
3. Erosion Control 141 SY $2.81/SY $396.21
TOTAL OF CHANGE ORDER NO. 2 $ 1,243.77
Material requirements, construction methods, measurement and payment for Erosion Control shall be in
accordance with the 2007 Edition of the Nebraska Department of Roads Standard Specifications for Highway
Construction, Section 807.
Equipment Rental requirements, construction methods, m easurement and payment shall be in accordance with
the 2007 Edition of the Nebraska Department of Roads Standard Specifications for Highway Construction,
Section 919.
The changes result in the following adjustment to the Contract Amount:
Original Contract Amount………………............................................................................................ $ 119,193.70
Current Contract Amount Prior to This Change Order .................................................................... $ 125,699.90
Net Increase/Decrease Resulting from this Change Order.............................................................. $ 1,243.77
Revised Contract Amount Including this Change Order ........................................................... $ 126,943.67
Approval Recommended:
By_______________________________________
John Collins, Public Works Director
Date
The Above Change Order Accepted: Approved for the City of Grand Island:
J.I.L. Asphalt Paving Co. By_________________________________
Contractor Jay Vavricek, Mayor
By Attest:
RaNae Edwards, City Clerk
Date Date_______________________________
Approved as to Form ¤ ___________
December 14, 2011 ¤ City Attorney
R E S O L U T I O N 2011-372
WHEREAS, on October 11, 2011, by Resolution 2011-301, the City of Grand Island
awarded J.I.L. Asphalt Paving Co., of Grand Island, Nebraska the bid in the amount of $119,193.70 for
the Broadwell Avenue Shoulder Improvement – Capital Avenue to Veteran’s Athletic Fields Entrance; and
WHEREAS, on December 6, 2011, by Resolution 2011-354, the City of Grand Island
Council approved Change Order No. 1 in the amount of $6,506.20 to allow for Placement of Asphaltic
Concrete for Intersections and Driveways in connection with such project; and
WHEREAS, it has been determined that modifications to the work to be performed by
J.I.L. Asphalt Paving Co. are necessary; and
WHEREAS, such modifications have been incorporated into Change Order No. 2; and
WHEREAS, the result of such modifications will increase the contract amount by
$1,243.77 for a revised contract price of $126,943.67.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and
directed to execute Change Order No. 2 between the City of Grand Island and J.I.L. Asphalt Paving Co.
of Grand Island, Nebraska to provide the modifications.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 20, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G14
#2011-373 - Approving Maintenance Agreement No. 12 Renewal
with the Nebraska Department of Roads for Calendar Year 2012
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: John Collins, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Shannon Callahan, Street Superintendent
Meeting: December 20, 2011
Subject: Approving Maintenance Agreement No. 12 Renewal
with the Nebraska Department of Roads for Calendar
Year 2012
Item #’s: G-14
Presenter(s): John Collins, Public Works Director
Background
Each year the City and the Nebraska Department of Roads enter into an agrement for the
maintenance of Highways within the City Limits. The certification that calendar year
2011 work was performed by the City will be presented at the January 10, 2012 coucil
meeting. The agreement for 2012 has been prepared. The content and scope of the
agreement is the same as that of previous years, with the only change being the addition
of the common turn lane on US Highway 30 (2nd Street).
Discussion
The maintenance responsibilities by statute are detailed in Exhibit A of the agreement.
Calculations for payments are detailed in Exhibit B. Surface maintenance and snow
removal responsiblities from an operational efficiency stand point are detailed in Exhibit
C. The net result of this exchange of services for 2012 will be a payment to the City of
$40,814.50.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
Public Works Administration recommends that the Council pass a Resolution approving
Maintenance Agreement No. 12 for calendar year 2012.
Sample Motion
Move to approve Maintenance Agreement No. 12 for calendar year 2012.
Approved as to Form ¤ ___________
December 14, 2011 ¤ City Attorney
R E S O L U T I O N 2011-373
WHEREAS, on December 22, 1992, the City of Grand Island approved and entered into
Maintenance Agreement No. 12 with the State of Nebraska Department of Roads with respect to the
maintenance of state highways within the corporate limits of Grand Island; and
WHEREAS, this agreement requires annual renewal by both parties thereto; and
WHEREAS, it is in the best interest of the City of Grand Island to approve Maintenance
Agreement No. 12 to be effective January 1, 2012.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that Maintenance Agreement No. 12 between the City
and the State of Nebraska Department of Roads for the term January 1, 2012 through December 31, 2012
is hereby approved; and the Mayor is hereby authorized and directed to execute such agreement on behalf
of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 20, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G15
#2011-374 - Approving Supplemental Agreement No. 1 with
Kirkham Michael & Associates for Preliminary Engineering
Services for the US Highway 30 Drainage Improvement Project
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: John Collins, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Scott Griepenstroh, Project Manager
Meeting: December 20, 2011
Subject: Approving Supplemental Agreement No. 1 with Kirkham
Michael & Associates for Preliminary Engineering
Services for the US Highway 30 Drainage Improvement
Project
Item #’s: G-15
Presenter(s): John Collins, Public Works Director
Background
On August 9, 2011, the Grand Island City Council approved a Professional Services
Agreement with Kirkham Michael and Associates of Omaha, Nebraska, with JEO
Consulting Group, Inc. of Grand Island, Nebraska as a Sub-Consultant for the US-30
Drainage Improvement Project. The original agreement was for a total of $99,231.53.
The purpose of the US-30 Drainage Improvement project is to construct storm sewer to
the detention cell at the former location of the Wasmer Elementary School from
connections on Second Street at Logan Street, Broadwell Avenue, and Madison Street.
The improvements will significantly reduce the likelihood of flooding during storm
events on Second Street. The project includes constructing drainage inlets on First Street
and Division Street between Logan Street and Madison Street, which will provide
drainage relief in those areas as well. This project will receive Federal Funding through
the Surface Transportation Program (STP), which typically only requires a 20% match of
City funds.
As per a drainage study conducted during this previous winter, this project will improve
drainage for areas beyond locations eligible for Federal funding. The Federal Highway
Administration (FHWA) has agreed to participate on 77% of the construction costs,
which STP funding would then be applied on an 80/20 basis. The actual funding split for
construction costs will be 61.6% Federal Aid and 38.4% local funds.
FHWA agreed to participate 100% on the costs for Preliminary Engineering and the
National Environmental Policy Act (NEPA) clearance process (80% Federal Aid and
20% Local Funds).
Discussion
Services for surveying, engineering and preparation of plans and documents required for
acquisition of easements were not included in the original scope of services.
At the October 28, 2011 Plan In Hand Meeting, it was determined that temporary
easements will be required for relocation of 14 curb stops where water services will be in
conflict with new storm sewer. Article I, Section 35 of the City Code states that “Service
pipe laid between the water main and the curb stop at the property line shall be built of
continuous construction without joints, unions, or splices” and “curb stops shall be placed
in the service pipe within six inches of the property line.”
Additional surveying and engineering is being performed to evaluate if temporary
easements will be required for re-construction of sidewalk ramps at each intersection on
the project. As per the Americans with Disabilities Act (ADA) requirements, sidewalk
ramps must be re-constructed to proper dimensions and slopes on projects of this type.
Each sidewalk ramp will be evaluated to determine how close sidewalk re-construction
will be to existing properties.
The engineering services in this supplemental agreement include development of Right-
of-Way plans, Title Research for each property impacted, and development of a Right-of-
Way Cost Estimate, in accordance with the Local Public Agency Guidelines for Federal-
Aid Projects. A consultant work order was approved to allow the Consultant to
immediately proceed with surveying and design work for these additional services.
The work covered by Supplemental Agreement No. 1 will be performed based on actual
costs with a maximum of $38,023.00, for a revised contract total of $137,254.53. The
cost share for these additional services is 80% Federal Aid and 20% Local Funds.
Original Agreement $99,231.53
Amendment No. 1 $38,023.00
Total Revised Agreement
$137,254.53
The phase for actual acquisition of the temporary easements, which includes appraisals,
review appraisals, and negotiations, will not be allowed to proceed until the 90%
Construction Plans and the Environmental Document are approved. Since the total
number of tracts is not known at this time, another supplemental agreement will be
required to complete acquisitions. It is anticipated that this phase will not begin until
April of 2012, and may take up to 4 months. It is now anticipated that the project will go
to letting in the fall of 2012, with construction beginning in the spring of 2013.
Public Works Engineering Staff will pursue options with Nebraska Department of Roads
officials for starting the easement acquisition phase sooner than typically permitted as per
the Local Public Agency Guidelines for Federal-Aid Projects.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve Supplemental Agreement No.
1 to the Agreement for Preliminary Engineering Consulting Services for the US-30
Drainage Improvement Project.
Sample Motion
Move to approve Supplemental Agreement No. 1.
Approved as to Form ¤ ___________
December 14, 2011 ¤ City Attorney
R E S O L U T I O N 2011-374
WHEREAS, on August 9, 2011, by Resolution 2011-204, the City Council of the City
of Grand Island approved an agreement with Kirkham Michael & Associates of Omaha, Nebraska,
with JEO Consulting Group, Inc. of Grand Island, Nebraska as a sub-consultant, in the amount of
$99,231.53, to perform design services for the US Highway 30 Drainage Improvement Project; and
WHEREAS, it is necessary to amend the agreement for consulting services to address
services for surveying, engineering and preparation of plans and documents required for acquisition of
easements; and
WHEREAS, costs of the additional services shall not exceed $38,023.00; with a total
consulting service cost of $137,254.53.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the amendment to the agreement with Kirkham
Michael & Associates of Omaha, Nebraska, with JEO Consulting Group, Inc. of Grand Island, Nebraska
as a sub-consultant is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute the amendment to the agreement for such services on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 20, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G16
#2011-375 - Approving Certificate of Final Completion for
Building Reconstruction Lift Station No. 4 Project No. 2011-S-4
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: John Collins, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Terry Brown, Manager of Engineering Services
Meeting: December 20, 2011
Subject: Approving Certificate of Final Completion for Building
Reconstruction Lift Station No. 4; Project No. 2011-S-4
Item #’s: G-16
Presenter(s): John Collins, Director of Public Works
Background
The Building Reconstruction Lift Station No. 4; Project No. 2011-S-4 was awarded to
Diamond Engineering Co. of Grand Island, Nebraska, on September 14, 2011. Work
commenced on November 9, 2011 and was completed on December 1, 2011.
Items completed in replacement work included:
Reconstruction of Lift Station No. 4 North Broadwell
Inspection and Analysis Asbestos Removal and Disposal
Discussion
The contractor, Diamond Engineering Co. of Grand Island, Nebraska has reviewed the
completed work and has issued a certificate of substantial completion in accordance with
the terms, conditions, and stipulations of the contract, the plans, and the specifications.
The construction contract was completed at a total cost of $44,796.29.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the Certificate of Final
Completion for the Building Reconstruction Lift Station No. 4; Project 2011-S-4.
Sample Motion
Move to approve the Certificate of Final Comp letion for the Building Reconstruction Lift
Station No. 4; Project 2011-S-4.
ENGINEER’S CERTIFICATE OF FINAL COMPLETION
BUILDING RECONSTRUCTION LIFT STATION NO. 4
PROJECT NO. 2011-S-4
December 20, 2011
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND
GRAND ISLAND, NEBRASKA
This is to certify that Building Reconstruction Lift Station No. 4, Project No. 2011-S-4 has
been completed by Diamond Engineering Co. of Grand Island, Nebraska under contract
dated 14 September 2011. The work has been completed in accordance with the terms,
conditions, and stipulations of said contract and complies with the contract, the plans, and the
specifications. The work is hereby accepted with the provisions of Section 16-650 R.R.S.,
1943.
It is further certified that the improvements as constructed include the following items and
costs and that this certificate shall constitute the Final Payment for this work.
BUILDING RECONSTRUCTION LIFT STATION NO. 4, PROJECT 2011-S-4 is
located on North Broadwell, Grand Island, NE
Reconstruction of:
Lift Station No. 4 $ 38,372.80
Change Order No. 1
Inspection and Analysis $ 1,840.00
Asbestos Removal and Disposal
TOTAL RECONSTRUCTION COST $ 40,212.80
SUMMARY OF OTHER COST
Advertisement in GI Daily Independent $ 108.54
Kelly Supply $ 413.75
Kriz Davis $ 1,761.20
Olsson Associates $ 2,300.00
TOTAL OTHER COST $ 4,583.49
TOTAL COST OF BUILDING RECONSTRUCTION
LIFT STATION NO. 4 PROJECT 2011-S-4 $ 44,796.29
Respectfully submitted,
John Collins, P.E.
Director of Public Works
December 20, 2011
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND, NEBRASKA
I hereby recommend that the Engineer’s Certificate of Final Completion for Building
Reconstruction Lift Station No. 4 Project 2011-S-4 be approved.
Respectfully submitted,
Jay Vavricek
Mayor
Approved as to Form ¤ ___________
December 14, 2011 ¤ City Attorney
R E S O L U T I O N 2011-375
WHEREAS, the City Engineer/Public Works Director for the City of Grand Island has
issued a Certificate of Final Completion for the Building Reconstruction Lift Station No. 4 Project No.
2011-S-4, certifying that The Diamond Engineering Company of Grand Island, Nebraska, under contract,
has completed the project; and
WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the
project; and
WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public
Works Director.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for the Building
Reconstruction Lift Station No. 4 Project No. 2011-S-4, is hereby confirmed.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 20, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G17
#2011-376 - Approving Time Extension to the Contract with
Midlands Contracting, Inc. for the Moores Creek Drain Extension
– Old Potash Crossing; Drainage Project No. 2008-D-2
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: John Collins, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Terry Brown, Manager of Engineering Services
Meeting: December 20, 2011
Subject: Approving Time Extension to the Contract with
Midlands Contracting, Inc. for the Moores Creek Drain
Extension – Old Potash Crossing; Drainage Project No.
2008-D-2
Item #’s: G-17
Presenter(s): John Collins, Public Works Director
Background
The City Council awarded the bid for construction of the Moores Creek Drain Extension
Project to Midlands Contracting, Inc. of Kearney, Nebraska on September 13, 2011.
Any changes to the contract require council approval. Midlands Contracting, Inc. is
requesting that the final completion date be changed from November 10, 2011 to May 15,
2012.
Discussion
Several factors have delayed completion of the project; including the discovery of human
remains and finding a conflict with a water main.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve extending the completion date
to May 15, 2012.
Sample Motion
Move to approve extension of completion.
CONTRACT TIME EXTENSION
PROJECT: Moores Creek Drain Extension – Old Potash Crossing; Project No. 2008-D-2
CONTRACTOR: Midlands Contracting, Inc.
AMOUNT OF ORIGINAL CONTRACT: $166,805.00
CONTRACT DATE: September 13, 2011
Notice to Proceed Date ------------------------------------------------- September 20, 2011
Original Completion Date ----------------------------------------------- November 10, 2011
Revised Completion Date ------------------------------------------- May 15, 2012
Contractor Midlands Contracting, Inc.
By____________________________________ Date_______________________
Title___________________________________
CITY OF GRAND ISLAND, NEBRASKA
By____________________________________ Date________________________
Mayor
Attest_________________________________
City Clerk
Approved as to Form ¤ ___________
December 14, 2011 ¤ City Attorney
R E S O L U T I O N 2011-376
WHEREAS, on September 13, 2011, by Resolution 2011-244, the City Council of the
City of Grand Island approved the bid of Midlands Contracting, Inc. of Kearney, Nebraska for
construction of the Moores Creek Drain Extension – Old Potash Crossing; Project No. 2008-D-2; and
WHEREAS, the completion of such project has been delayed due to several factors; and
WHEREAS, The Diamond Engineering Company has requested an extension from
November 10, 3011 to May 15, 2012 in order to complete the project; and
WEREAS, the Public Works Department support such contract extension.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the completion date for the construction of the
Moores Creek Drain Extension – Old Potash Crossing; Project No. 2008-D-2 is hereby extended until
May 15, 2012.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such contract modification on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 20, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item I1
#2011-377 - Consideration of Request from Request from GMRI,
Inc. dba The Olive Garden Italian Restaurant #4416, 1010 Allen
Drive for a Class "I" Liquor License and Liquor Manager
Designation for Becky Janes, 2236 West 11th Street
This item relates to the aforementioned Public Hearing item E-1.
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Approved as to Form ¤ ___________
December 15, 2011 ¤ City Attorney
R E S O L U T I O N 2011-377
WHEREAS, an application was filed by GMRI, Inc. doing business as The Olive Garden
Italian Restaurant #4416, 1010 Allen Drive for a Class "I" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island Independent as
required by state law on December 10, 2011; such publication cost being $16.25; and
WHEREAS, a public hearing was held on December 20, 2011 for the purpose of
discussing such liquor license application.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
____ The City of Grand Island hereby recommends approval of the above-identified
liquor license application contingent upon final inspections.
____ The City of Grand Island hereby makes no recommendation as to the above-
identified liquor license application.
____ The City of Grand Island hereby makes no recommendation as to the above-
identified liquor license application with the following stipulations: _________
_________________________________________________________
____ The City of Grand Island hereby recommends denial of the above-identified liquor
license application for the following reasons:_________________________
_________________________________________________________
____ The City of Grand Island hereby recommends approval of Becky Janes, 2236
West 11th Street as liquor manager of such business contingent upon completing a
state approved alcohol server/seller program.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 20, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item I2
#2011-378 - Approving Contract for Engineering Design Services
for Lincoln Park Pool
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Park and Recreation Director
Meeting: December 20, 2011
Subject: Engineering Services-Lincoln Park Swimming Pool
Item #’s: I-2
Presenter(s): Steve Paustian, Park and Recreation Director
Background
After several years of discussions and emergency repairs Council has determined it is
time to renovate/replace the Lincoln Park Swimming Pool. A Lincoln Pool Facility
Evaluation was conducted by Olsson Associates in June of 2009. This information served
as the backdrop for Council discussions regarding the potential rehabilitation/replacement
of Lincoln Pool. Funding has been made available to complete this task using bonding
authority provided through the CRA. The bonding capability for the CRA was provided
through the 2010-2011 budget process that was adopted by Council in September of
2011.
Discussion
On October 31, 2011 a Request for Qualifications (RFQ) for design service for Lincoln
Park Swimming Pool was solicited, six firms responded to the request. A selection
committee consisting of Councilmen Larry Carney and Kirk Ramsey and staff including
Terry Brown, Todd McCoy and Steve Paustian met and rated the proposals. The
proposals were rated based on three criteria:
Proposed project schedule and completion date (30%)
Consultants experience on similar swimming pool projects (30%)
Technical approach and scope (40%)
The highest rated proposal was provided by JEO Consulting Group of Wahoo, Nebraska.
JEO has constructed/renovated nine swimming pools in Nebraska in the past 5 years. A
check of three JEO references was all very positive and when asked, each representative
of a JEO project said they would use JEO again.
A contract has been negotiated with JEO in the amount of $150,000.00. This figure
represents aprox. 10.5% of the 1.4 million dollar proposed construction budget. This is a
not to exceed figure and I intend to do all I can to keep the total design costs below this
figure.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the City Council award an Engineering Design and
Construction Observation contract to JEO Consulting of Wahoo, Nebraska in the amount
of $150,000.00.
Sample Motion
Move to award an Engineering Design and Construction Observation Contact to JEO
Consulting for $150,000.00.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Jason Eley, Purchasing Agent
Working Together for a
Better Tomorrow, Today
REQUEST FOR QUALIFICATIONS
FOR
ENGINEERING DESIGN SERVICES FOR LINCOLN PARK POOL
RFP DUE DATE: November 22, 2011 at 4:00 p.m.
DEPARTMENT: Parks & Recreation
PUBLICATION DATE: November 1, 2011
NO. POTENTIAL BIDDERS: 13
SUMMARY OF PROPOSALS RECEIVED
Water Technology, Inc. Olsson Associates
Beaver Dam, WI Grand Island, NE
JEO Consulting Group, Inc. Brannon Corp.
Wahoo, NE Tyler, TX
USAquatics Burbach Aquatics, Inc.
Delano, MN Dillon, CO
cc: Steve Paustian, Parks & Recreation Director Patti Buettner, Park & Rec. Secretary
Mary Lou Brown, City Administrator Jason Eley, Purchasing Agent
P1520
Approved as to Form ¤ ___________
December 16, 2011 ¤ City Attorney
R E S O L U T I O N 2011-379
WHEREAS, the City of Grand Island is in the process of rehabbing/replacing Lincoln
Park swimming pool; and
WHEREAS, such project will require an engineering consultant to prepare plans and
specifications for the rehabilitation/replacement of Lincoln Park swimming pool; and
WHEREAS, the City of Grand Island issued a Request for Qualifications (RFQ) for
engineering services for such project; and
WHEREAS, six proposals were received and the proposal from JEO Consulting
ranked the highest; and
WHEREAS, JEO Consulting of Wahoo, Nebraska, submitted a proposal for such
project in accordance with the Request for Qualifications; and
WHEREAS, a contract amount of $150,000.00 has been negotiated; and
WHEREAS, a Consultant Agreement with JEO Consulting to perform engineering
work for such project has been reviewed and approved by the City Attorney.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Consultant Agreement with JEO Consulting
of Wahoo, Nebraska for engineering consulting work for the design and construction observation of
Lincoln Park swimming pool is hereby approved at a cost of $150,000.00.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such agreement on behalf of the City of Grand Island
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 20, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
- 2 -
RaNae Edwards, City Clerk
Item I3
#2011-379 - Consideration of Spending Process Requirements
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: Councilmember Chuck Haase
City of Grand Island City Council
Council Agenda Memo
From: Chuck Haase, Ward 5 Councilmember
Meeting: December 20, 2011
Subject: Spending Process Requirements
Item #’s: I-3
Presenter(s): Chuck Haase, Ward 5 Councilmember
Background
There have been a number of different responses to the questions asked about the
spending authority, and the process to follow. To get everyone on the same page, having
this item in front of the City Council to be discussed is the best way to provide the
Council Policy to the city staff. Nebraska is a Dillon’s rule state, which Dillon’s rule is
the cornerstone of American Municipal law and will be discussed during the presentation.
I requested this item be placed on the Council agenda originally on May 2, 2011 and was
then asked by Council President to wait until after the budget. The budget is complete,
and my 2nd request for the item to be place on the Council agenda was made December 3,
2011 and adjusted on December 7, 2011 to be place on the December 20th Council
Agenda.
Discussion
This resolution as amended and approved, will then provide a City Council Policy in a
common sense approach to City Spending and the process required. In the same as a stool
must have 3 legs to stand, so is the spending process. The main components (Legs) are:
· Cash
· Bud get
· Procurement
The detail of each of these component requirements will be provided for review,
examples and discussion by the City Council and modified as directed thru the Council
discussion.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
The City Administration has not provided a recommendation.
Approved as to Form ¤ ___________
December 15, 2011 ¤ City Attorney
R E S O L U T I O N 2011-379
WHEREAS, the City Council is hereby creating a spending policy prerequisite for the
expenditure of public funds, and
WHEREAS, prior to paying or presenting to the City Council for payment, there are three
(3) prerequisite compliance items that must be met; and
WHEREAS, there must be sufficient cash on hand in the Fund , or the pending cash receipt
within 100 days of expenditure request, and
WHEREAS, there must be specific budget authority in the Fund and Program, and
WHEREAS, after there is determined to be sufficient cash in the Fund, and Budget
Authority in the Fund and Program, then there must be compliance with the Procurement Policies as
established by the City Council and provided for in City Code.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA,
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 20, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item J1
Approving Payment of Claims for the Period of December 7, 2011
through December 20, 2011
The Claims for the period of December 7, 2011 through December 20, 2011 for a total
amount of $4,484,038.49. A MOTION is in order.
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: Jaye Monter
City of Grand Island City Council
Item X1
Strategy Session with Respect to Litigation which is Imminent
The City Council may hold a closed or Executive Session as permitted by Neb. Rev. Stat. Sec.
84-1410. Closed sessions may be held for, but shall not be limited to such reasons as:
1. Protection of the public interest.
2. Needless injury to the reputation of an individual.
3. Strategy sessions with respect to
a. collective bargaining,
b. real estate purchases,
c. pending litigation, or
d. imminent or threatened litigation.
4. Discussion regarding deployment of security personnel or devices.
5. For the Community Trust created under Sec. 81-1801.02, discussion regarding the
amounts to be paid to individuals who have suffered from a tragedy of violence or natural
disaster.
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: Mary Lou Brown
City of Grand Island City Council
Item X2
Strategy Session with Respect to Pending Litigation
The City Council may hold a closed or Executive Session as permitted by Neb. Rev. Stat. Sec.
84-1410. Closed sessions may be held for, but shall not be limited to such reasons as:
1. Protection of the public interest.
2. Needless injury to the reputation of an individual.
3. Strategy sessions with respect to
a. collective bargaining,
b. real estate purchases,
c. pending litigation, or
d. imminent or threatened litigation.
4. Discussion regarding deployment of security personnel or devices.
5. For the Community Trust created under Sec. 81-1801.02, discussion regarding the
amounts to be paid to individuals who have suffered from a tragedy of violence or natural
disaster.
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: Robert Sivick
City of Grand Island City Council
Item X3
#2011-380 - Consideration of Approving Settlement Agreement
between Jessica Musil and The City of Grand Island
Tuesday, December 20, 2011
Council Session
City of Grand Island
Staff Contact: Robert Sivick
City of Grand Island City Council
Council Agenda Memo
From: Robert J. Sivick, City Attorney
Meeting: December 20, 2011
Subject: Musil v. City of Grand Island
Item #’s: X-3
Presenter(s): Robert J. Sivick, City Attorney
Background
In November, 2009 Jessica Musil a former City employee, filed two actions against the
City. The first (CI09-1138) was a Complaint seeking injunctive relief to bar the City from
terminating her employment. The second (CI09-1221) was a Complaint seeking damages
arising out of her allegation of wrongful termination.
Discussion
The City and Ms. Musil have reached a tentative settlement. The terms are as follows:
1. Ms. Musil agrees to dismiss her suits against the City with prejudice and hold it
harmless from any claims arising out of her employment.
2. The City agrees to pay Ms. Musil $12,000.00.
3. The parties acknowledge the City admits no wrongdoing by settling these matters.
4. The parties agree to keep confidential and not discuss publicly the allegations in
these matters or the discussions leading to the settlement.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Move to reject
Recommendation
City Administration recommends that the Council approve Resolution No. 2011-380 to
settle the matters of Musil v. The City of Grand Island.
Sample Motion
Move to approve Resolution No. 2011-380 settling the matters of Musil v. The City of
Grand Island and authorize the Mayor to sign the Settlement Agreement on behalf of the
City.
IN THE DISTRICT COURT OF HALL COUNTY, NEBRASKA
JESSICA MUSIL, ) CASE NO. CI09-1138
Plaintiff, ) CASE NO. CI09-1221
)
vs. ) SETTLEMENT AGREEMENT
)
THE CITY OF GRAND ISLAND, )
Defendant. )
COMES NOW the parties, Jessica Musil, Plaintiff and the City
of Grand Island, Defendant and do hereby set forth the terms of
a Settlement Agreement reached in the above entitled matters as
follows:
I.
That the Plaintiff agrees to dismiss with prejudice the
above entitled matters and forever hold the Defendant harmless
from any claims arising out of her past employment with the City
of Grand Island.
II.
That in exchange for the Plaintiff’s actions as set forth
in the first paragraph of this Settlement Agreement, the
Defendant agrees to pay the Plaintiff Twelve Thousand Dollars
($12,000.00) within thirty (30) days of the parties’ execution
of this Settlement Agreement.
III.
That the parties acknowledge this Settlement Agreement does
not constitute an admission of wrongdoing by the City of Grand
2
Island with regard to any of the events or allegations contained
in the pleadings in the above entitled matters.
IV.
That the parties agree to keep confidential and not
publicly discuss the allegations or events reference in the
pleadings in the above entitled matters or the discussions
leading to this Settlement Agreement.
WHEREFORE, the parties respectfully pray the Court enter an
Order in the above entitled matter in accordance with the terms
of this Settlement Agreement.
THE CITY OF GRAND ISLAND,
Defendant
____________________ By ________________________________
Date Jay Vavricek, Mayor
ATTEST:
_________________________
RaNae Edwards, City Clerk
____________________ _________________________________
Date Jessica Musil, Plaintiff
3
APPROVED AS TO FORM AND CONTENT:
_________________________
James H. Truell (14258)
Attorney for Plaintiff
PREPARED AND SUBMITTED BY:
Robert J. Sivick (18863)
Grand Island City Attorney
Grand Island City Hall
100 East First Street
Post Office Box 1968
Grand Island, Nebraska 68802-1968
(308) 385-5444, Extension 130
(308) 385-5427 (Facsimile)
rsivick@grand-island.com
Attorney for Defendant
Approved as to Form ¤ ___________
December 19, 2011 ¤ City Attorney
R E S O L U T I O N 2011-380
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA,
That the City enter into a Settlement Agreement with Jessica Musil with regard to Musil v.
The City of Grand Island (Hall County District Court – CI09-1138 and CI09-1221) with the following
terms.
1. Ms. Musil agrees to dismiss her suits against the City with prejudice and hold it harmless from
any claims arising out of her employment.
2. The City agrees to pay Ms. Musil $12,000.00.
3. The parties acknowledge the City admits no wrongdoing by settling these matters.
4. The parties agree to keep confidential and not discuss publicly the allegations in these matters or
the discussions leading to the settlement.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 20, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk